Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 28, 2007 No. 260

About approval of the Regulations on procedure for appointment and payment of remuneration to the interim (anti-recessionary) manager in proceeedings about economic insolvency (bankruptcy)

(as amended on 30-06-2014)

For the purpose of strengthening of dependence of amount of remuneration of the interim (anti-recessionary) manager in proceeedings about economic insolvency (bankruptcy) from results of its activities the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for appointment and payment of remuneration to the interim (anti-recessionary) manager in proceeedings about economic insolvency (bankruptcy).

2. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of February 20, 2003 No. 213 "About approval of the Regulations on remuneration payment procedure to the managing director in proceeedings about economic insolvency (bankruptcy) and the minimum amounts of remuneration of the managing director in proceeedings about economic insolvency (bankruptcy) in the procedure of sanitation" (The national register of legal acts of the Republic of Belarus, 2003, No. 26, 5/12029).

3. This resolution becomes effective from the first following after month of its official publication.

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 28, 2007 No. 260

Regulations on procedure for appointment and payment of remuneration to the interim (anti-recessionary) manager in proceeedings about economic insolvency (bankruptcy)

Chapter 1. General provisions

2. Remuneration to the managing director consists from:

minimum remuneration;

extra quarterly fee;

extra fee following the results of case.

Chapter 2. Remuneration payment procedure to the managing director managing in case of sufficiency of property of the debtor for remuneration payment

3. The minimum remuneration is paid to the managing director for every month of accomplishment of obligations in the amount of one basic size for each calendar day of the corresponding month.

Payment of the minimum remuneration is performed by money transfer from the settlement account of the debtor on the settlement account of the managing director.

Control of correctness of determination and payment of the minimum remuneration is performed by territorial authority concerning sanitation and bankruptcy of the Ministry of Economics or Department on sanitation and bankruptcy of the Ministry of Economics.

4. The court considering economic cases following the results of every quarter based on the petition of meeting (committee) of creditors has the right to consider question of appointment and payment to the managing director of extra quarterly fee.

The protocol of meeting (committee meeting) of creditors on the statement of the petition for payment to the managing director of extra quarterly fee is attached to the petition of meeting (committee) of creditors.

About the statement of the petition for payment to the managing director of extra quarterly fee the representative of territorial authority concerning sanitation and bankruptcy of the Ministry of Economics, and on the cases which are in production of the Supreme Court – the representative of Department on sanitation and bankruptcy of the Ministry of Economics without fail participates in meeting (committee meeting) of creditors.

Extra quarterly fee can be appointed and paid on the following bases in sizes (percentage of the amount of the minimum remuneration estimated in quarter):

with average number more than 50 people working for the debtor for the end of quarter – to 80;

in case of book value of property (assets) of the debtor for the end of quarter more than 10 000 basic sizes – to 60;

in case of return by the managing director of property of the debtor, including collection of receivables, – to 100;

in case of return by the managing director of property to his owners – to 50;

on other bases complicating accomplishment by the managing director of obligations – to 50.

Extra quarterly fee in liquidating production can be appointed and paid no more than in 12 months of accomplishment by the managing director of obligations from the date of adoption by court of the decision on opening of liquidating production.

The amount of extra quarterly fee is calculated by formula

Формула к Пост Сов. Мин от 28.02.2007 года №260 (Беларусь)

where  Maidens – extra quarterly fee;

Mvkv – the total amount of the minimum remuneration estimated in quarter;

Spr – the amount of percent of the extra quarterly fee established on the bases listed in part four of this Item.

The court considering economic cases takes out determination about establishment of extra quarterly fee to the managing director and its size which can be appealed or protested according to the procedure, established by the Economic Procedure Code of the Republic of Belarus.

Payment of extra quarterly fee is made from the settlement account of the debtor on the settlement account of the managing director quarterly after removal by the court considering economic cases, the corresponding determination.

5. Along with adoption of the court decree about suit abatement, completion of proceeedings by the court considering economic cases extra fee to the managing director is established following the results of case.

The managing director brings into the court considering economic cases, the petition for payment of extra fee following the results of case to which calculation of the size of extra fee following the results of case according to appendix 1 is applied.

Calculation of the size of extra fee following the results of case is validated by territorial authority concerning sanitation and bankruptcy of the Ministry of Economics, and on the cases which are in production of the Supreme Court – Department on sanitation and bankruptcy of the Ministry of Economics.

Extra fee following the results of case is calculated by multiplication of the size of the money allocated for satisfaction of requirements of creditors, and (or) the size of the requirements of creditors met by cession of property of the debtor (further – the total size of means), on rate of percent. In case of determination of the size of extra fee following the results of case the amounts of the extinguished requirements for obligatory payments in case of their satisfaction by debt restructuring are not considered.

The rate of percent for determination of extra fee following the results of case is established in the following sizes:

30 percent from the total size of means which is not exceeding 10 million rubles;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.