|
| SECTION K- ASSETS AVAILABLE TO CREDITORS |
|
| K1. Assets available to creditors generally |
(a) In relation to each type of insolvency procedure available
in the legal system of this economy, what assets of the corporate
debtor are available to its administrator to satisfy the claims
of its creditors?
|
All assets owned by the debtor company at the time of
declaration of bankruptcy (Bankruptcy Law Article (Article 6). There
is no limitation of assets available to creditors in other insolvency
procedures.
|
|
| K2. Avoidance of past transaction affecting the assets of a corporate
debtor |
(a) To what extent and in what circumstances may the administrator
of a corporate debtor take steps to recover assets of the debtor
by overturning past transactions involving property of the debtor?
(for example preferences given to certain creditors over others,
invalid charges granted by the debtor, uncommercial transactions
entered into by the debtor, profits on sales to and from the debtor
at an undervalue or overvalue.)
|
The administrators can deny and avoid certain transactions
which have been done between the debtor company and a creditor or
a third party to the prejudice of other creditors around the time
of crisis or intentionally (Bankruptcy Law Articles 72 and 74, Corporate
Reorganisation Law Aticles 78 and 80). For example, the administrator
can avoid the repayment made by the debtor company to the creditor
after the application of bankruptcy provided that the creditor was
then aware that such application had been made.
|
|
(b) What powers or mechanisms are available to each type of
administrator for investigation of the affairs of the corporate
debtor, for examination of persons formerly involved in the management
or control of the debtor, and for the discovery of assets of the
debtor?
|
Mail inspection and interview with former management
and inspection of books and records. If the former representative
director fails to tell the truth, the penalty within one year imprisonment
will be imposed(Bankruptcy Law Articles 153 and 382 and Corporate
Reorganisation Law Articles 98-2 and 294)).
|
|
(c) What procedures may be employed by each type of administrator
for the recovery of assets of the corporate debtor which are available
for distribution to creditors? (for example initiation of legal
proceedings, compensation from directors.)
|
Legal proceedings. There is a system of appraisal of damages
which should be compensated by directors under the Corporate Reorganisation
Law (Article 72). A director who does not accept such appraisal
can issue a legal proceeding against the bankruptcy court's disposition.
|
|
|