In case of insolvency of a legal entity , its forced liquidation is carried out. All entities that provide funds or assets to a bankrupt company may declare their claims. To do this, each of them should write a statement of the creditor on inclusion in the register of creditors. The article will discuss the bankruptcy procedure and the observance of the principle of priority in the requirements for the return of money invested in the company.
What is priority in emergency liquidation?
Termination of activity of a legal entity can occur in two ways:
The second way actually means that the company went bankrupt.
Most active organizations have current debts that first arise and then are repaid as funds become available. If, for some reason, the founders of the business decide to voluntarily terminate the company, then in the process of liquidation they themselves repay the debts. In such circumstances, the sequence of payment of debts is established by the founders themselves.
The situation changes when a legal entity is declared insolvent by an arbitration court. With this type of liquidation, the law determines the priority of payment of debts. It essentially means the following:
- The requirements will be satisfied only in the order established by law.
- The powers during the competitive process will be divided between creditors.
Features of the procedure
The priority of satisfying creditors' requirements is established only for those persons whose information is included in the register. The law divides lenders into two categories:
A) Current, not involved in bankruptcy. These include persons who filed claims before the commencement of the procedure or whose claims are included in the list of mandatory payments, even if submitted after filing an insolvency application (Federal Tax Service, FIU). They are not included in the register of creditors.
B) Creditors participating in bankruptcy, of which a queue has been drawn up for satisfying claims (they filed a statement of the creditor on inclusion in the register of creditors).
General principles of priority
Moving in the line of creditors is strictly regulated by law. The main points here are:
- The arbitral tribunal shall establish the value of the queue and its participants.
- Within one queue (for example, the second), the creditor's claim is satisfied in a calendar sequence. There is no priority inside.
- Satisfaction of obligations is carried out after settlements with creditors of a higher priority are completed. This norm, however, has one exception. If the obligations of any creditor are secured by property collateral, then they can be satisfied immediately after the sale. If such obligations cannot be satisfied at the expense of collateral assets, then the creditor will have to wait for the fourth stage.
- If the property is not enough, then within one queue each creditor will receive an amount proportional to the requirements entered in the register.
The liquidation commission through the arbitration court may repay the claims if:
- the debtor did not have enough property to satisfy all requirements;
- the liquidation commission did not recognize the creditor's claims due to a court decision in which it was denied satisfaction;
- the liquidation commission did not recognize the creditor's claims due to the fact that the latter did not go to court.
How is the sequence of current payments formed?
Current payments are repaid in the first place, they do not require a statement by the creditor on inclusion in the register of creditors. However, here you have to wait. The first phase consists of:
- remuneration of the bankruptcy trustee;
- court costs for bankruptcy proceedings;
- payment of other persons involved for bankruptcy proceedings.
The second stage includes:
- remuneration of persons working under labor contracts;
- pay for persons involved in the case by the bankruptcy trustee.
The third stage includes requirements formed from utility and operational payments .
In the fourth turn, the remaining payments of the current nature are made.
How is the payment queue formed?
The order of satisfaction of the claims of creditors is formed as follows.
The first stage includes:
- claims of those persons whose health and life have been harmed (the debtor is obliged to compensate moral damage to them) ;
- claims for compensation for the damage that occurred due to a violation of safety rules during the construction and operation of a building, due to damage or destruction of an object, etc.
The second stage contains:
- remuneration of persons working under an employment contract who are entitled to severance pay or remuneration for intellectual work.
The third stage contains:
- Mandatory payments (taxes, excise taxes) and deductions to extra-budgetary funds.
Finally, the fourth turn includes all other creditors.
How is the registry formed?
A creditor's application for inclusion in the register of creditors may be submitted within two months after the debtor is declared bankrupt. Each appeal must be accompanied by supporting documents, which reflect the amount of debt with penalties and fines. They are considered by the bankruptcy trustee.
If you want to get into the register of creditors, a sample application can be prepared on the basis of a statement of claim in arbitration. It is recommended that all circumstances arising in arrears are stated sequentially. If the creditor is not included in the register, he has the right to apply to arbitration with a complaint about the actions of the liquidators.
The list is maintained by the registrar, who, in essence, does the technical work, only fixing information received from the manager. Information on each creditor, information on the amount of obligations and the basis of their occurrence, as well as on which order the applicant is placed, is entered here.
After two months, the registry of creditors is closed. At the same time, Russian legislation does not provide for the possibility of extending this period, no matter what good reasons are given.
Settlements with creditors are made by the bankruptcy trustee based on the list of such persons formed. Upon receipt of funds, all debts are repaid in strict accordance with priority.
If it is not possible to transfer money to the creditor, then the deposit of the notary who is located at the location of the creditor is used. If the funds are not claimed within three years, they will go to the federal budget.