Publication: Magyar Közlöny
Issue: MK-2011-123 (Year: 2011, Number: 123)
Era: contemporary
Section: perrendtartásról szóló 1952. évi III. törvény 107. §-a alapján – igazolási kérelmet terjeszthet elő
Paragraph Index: 973

8. Number of the fee cover account of the Economic Office under the Court conducting the liquidation proceedings: I. 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. II. Term of lodging Creditor’s claims In purview of Section (1) of Art. 28 of Act XLIX of 1991 on Bankruptcy Proceedings and Liquidation Proceedings (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. III. 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 (1) of Art. 57 of Bankruptcy Act]. Failing to meet the 180-day term of promulgation in „Cégközlöny” shall entail forfeiture of right [Sections (1)–(3) of Art. 37 of Bankruptcy Act]. IV. Requirements as to form and content of lodging Creditor’s claims The Creditor shall submit the document on lodging his claim with the heading „LODGEMENT OF CLAIM” in 2 copies in the Hungarian language or in the official language or one of the official languages of the State of his own habitual residence, domicile or registered office and shall also attach an official translation in Hungarian. The document shall in every case include the Hungarian heading „KÖVETELÉSBEJELENTÉS” (i.e. „LODGEMENT OF CLAIM”) [Section (2) of Art. 42 of Council Regulation 1346/2000/EC]. In the document on lodging a claim the Creditor shall indicate the nature of the claim, the date on which it arose and its amount, as well as whether he alleges preference in respect of his claim, if his claim is supported by any lien, other security in rem or a reservation of title, and what assets are covered by his lien, other security in rem or the title reserved. The Creditor shall attach the copy of the documents that underlie the claim to the document on lodging his claim (Art. 41 of Council Regulation 1346/2000/EC). The Creditor shall specify the amount of his claim in Hungarian forints, using the exchange rate quoted by the National Bank of Hungary as of the date of publication in „Cégközlöny”. In purview of Section (2) of Art. 36 of the Bankruptcy Act, in connection with an agreement for closeout netting concluded prior to the time of promulgation in „Cégközlöny”, the Creditor shall notify the Liquidator of this net claim and the Liquidator shall enforce this net claim. When calculating the amount of net claim under a close-out netting provision, the principal transaction date shall precede the deadline specified by the parties to the agreement, but shall in all cases be pursuant to specific other legislation for the filing of Creditors’ claims. Another condition of registering the Creditor’s claim is that the Creditor – apart from lodging his claim to the Liquidator - shall transfer 1% of the claim amount to be received from the Debtor but HUF 5,000 at least and HUF 200,000 at most to the fee cover account (point 8) of the Economic Office under the Court ordering the liquidation proceedings (point 1), indicating the Debtor (point 4) and the case number of the Court Decision ordering the liquidation proceedings (point 2) and shall certify such to the Liquidator. If the liquidation proceedings were directly preceded by bankruptcy proceedings and the Creditor has lodged his claim there and has paid the fee for registration, he shall not need to lodge his claim again in the liquidation proceedings but shall pay the difference in fees upon the Liquidator’s request. If the Creditor fails to transfer this amount to the above account of the Economic Office and fails to certify such to the Liquidator, the Liquidator shall not register him as a Creditor. The obligation to pay the registration fee does not apply to Creditors whose claim is related to liquidation expenses, or alimony and life-annuity payments, compensation benefits, income supplement to miners which are payable by the business association, furthermore, monetary aid granted to members of agricultural cooperatives in lieu of household land or produce, for which the beneficiary is entitled for his/her lifetime under Section

Source: https://magyarkozlony.hu/hivatalos-lapok/9384b33f6179d0f7665d1ad6e9ec00bdccd75dda/dokumentumok/e767aa8065b1000cd184912d0012cc03b5a260a6/letoltes