Publication: Magyar Közlöny
Issue: MK-2009-123 (Year: 2009, Number: 123)
Era: 2004-2010
Section: perrendtartásról szóló 1952. évi III. törvény 107. §-a alapján - igazolási kérelmet terjeszthet elĘ
Paragraph Index: 163

8. Number of the fee cover account of the Economic Office under the Court conducting the liquidation proceedings: The Court under point 1 instituted liquidation proceedings against the Debtor under point 4 in its Decision passed on the date set out in point 3 under case number as in point 2. These liquidation proceedings are proceedings under Council Regulation 1346/2000/EC (point 5). The date in point 7 is the date of instituting the insolvency proceedings [Paragraph f) of Art. 2 of Council Regulation 1346/2000/EC]. The Court appointed the Liquidator as in point 6 in its Decision. Starting from the date set out in point 7 any legal declaration concerning the Debtor’s property shall only be made by the Liquidator. This information rests on Art. 40 of Council Regulation 1346/2000/EC according to which the known Creditors who have their habitual residences, domiciles or registered offices in another Member State than where the insolvency proceedings are instituted shall be informed about the institution of the insolvency proceedings. In purview of Art. 39 of Council Regulation 1346/2000/EC any Creditor who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings, including the tax authorities and social security authorities of Member States, shall have the right to lodge claims in the insolvency proceedings in writing. Term of lodging Creditor’s claims In purview of Section (1) of Art. 28 of Act XLIX of 1991 on Bankruptcy Proceedings, Liquidation Proceedings and Voluntary Dissolution (hereinafter the Bankruptcy Act) the Court ordered that the Decision be promulgated in Cégközlöny. The Court Decision was promulgated at the time under point 7. Creditors shall lodge their claims to the Liquidator (point 6) in writing within 40 days of this date [Subsection f) of Section (2) of Art. 28 of Bankruptcy Act]. The document on lodging the claim shall be posted as a certified mail (with special postal service of registration or return receipt) on the last day of the term the latest. The obligation to lodge a claim shall also apply to Creditors with security in rem. In purview of Section (1) of Art. 36 of the Bankruptcy Act, in liquidation proceedings only such claims can be imputed which have been registered by the Liquidator as acknowledged and have not been assigned subsequent to the time of the opening of liquidation proceedings, or, if the claim has occurred at a later date, subsequent to its occurrence. The senior executive, senior employee of the business association in debt or their close relatives or spouses, the business association under the Debtor’s majority influence and the member of, with majority influence in, the business association in debt (the member in a one-man company or the foreign seated company for the Hungarian affiliate of a foreign seated company) shall not impute its claim against the Debtor. Legal consequences of missing the term for lodging Creditor’s claims The Liquidator shall register the claims against the Debtor that were lodged over 40 days but within 180 days of promulgation of the liquidation, but this Creditor’s claim shall only be met if financial cover is still available after settling any claims lodged on time [debts listed in Section

Source: https://magyarkozlony.hu/hivatalos-lapok/f7b1d4e42b64e4516937e3cebb894726e4d36e8f/dokumentumok/86c0c86d5e643fc2bb0eeee32ca0b1dc5f9e33f8/letoltes