Commission Implementing Regulation (EU) 2017/1105 of 12 June 2017 establishing the forms referred to in Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings
32017R1105
European Union
§ Article 64
Article 64(2) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings — OJ L 141, 5.6.2015, p. 19.
I, the undersigned, acting as insolvency practitioner appointed in relation to a member of a group of companies, which member company is notified of a request to open group coordination proceedings in accordance with Article 63(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, hereby
object to
☐
a)
the inclusion within group coordination proceedings of the insolvency proceedings in respect of which I have been appointed;
or
☐
b)
the person proposed as a coordinator.
ANNEX III
- INFORMATION WITH REGARD TO THE INSOLVENCY PROCEEDINGS OF THE GROUP MEMBER COMPANY TO WHICH I HAVE BEEN APPOINTED ()
1.1. Type of insolvency proceedings opened with regard to the debtor:
1.2. The date of the opening of insolvency proceedings (within the meaning of Regulation (EU) 2015/848):
1.3. The court opening the insolvency proceedings:
1.3.1. Name:
1.3.2. Address:
1.3.2.1. Street and number/PO box:
1.3.2.2. Place and postal code:
1.3.2.3. Country:
1.4. Reference number of the case (to be filled in if there is any):
1.5. My contact details:
1.5.1. Name:
1.5.2. Address:
1.5.2.1. Street and number/PO box:
1.5.2.2. Place and postal code:
1.5.2.3. Country:
1.5.3. Email address:
1.6. DEBTOR
1.6.1. Name:
1.6.2. Registration number (to be filled in if there is any):
1.6.3. Address:
1.6.3.1. Street and number/PO box:
1.6.3.2. Place and postal code:
1.6.3.3. Country:
ANNEX III
- INFORMATION WITH REGARD TO THE REQUESTED ‘GROUP COORDINATION PROCEEDINGS’
2.1. The court seised of the request to open group coordination proceedings (to which this objection must be sent)
2.1.1. Name ():
2.1.2. Address ():
2.1.2.1. Street and number/PO box:
2.1.2.2. Place and postal code:
2.1.2.3. Country:
2.1.3. Email:
2.1.4. Fax
2.2. Reference number of the case at the court seised of the request to open group coordination proceedings ():
2.3. The person proposed as the group coordinator:
2.3.1. Name:
2.3.2. Address:
2.3.2.1. Street and number/PO box:
2.3.2.2. Place and postal code:
2.3.2.3. Country:
- DATE OF RECEIPT OF NOTIFICATION FROM THE COURT INDICATED IN POINT 2.1. OF THE REQUEST TO OPEN GROUP COORDINATION PROCEEDINGS ()
- ANY COMMENTS SUPPORTING THE OBJECTION
- LIST OF COPIES OF DOCUMENTS ENCLOSED (IF ANY)
Done at , date
Signature
ANNEX III
IMPORTANT INFORMATION
The use of this standard form for the lodgement of objections is optional.
The objection must be lodged with the court referred to in point 2.1 of this form.
The objection must be lodged by an insolvency practitioner appointed in respect of a group member included in the request for opening ‘group coordination proceedings’.
The objection must be lodged within 30 days of receipt of notice of the request for the opening of the group coordination proceedings by that insolvency practitioner.
Prior to taking the decision to participate or not to participate in the ‘group coordination proceedings’, the insolvency practitioner must obtain any approval which may be required under the law of the State of the opening of proceedings for which it has been appointed.
The provision of information in points marked with an asterisk () is mandatory.
In point 1.1 of the form, the ‘type of insolvency proceedings’ should be indicated by referring to the appropriate national proceedings listed in Annex A to Regulation (EU) 2015/848 that were opened and, where applicable, any relevant subtype of such proceedings opened in accordance with national law.
In point 1.3 ‘the court opening insolvency proceedings’ means the judicial body or any other competent body of a Member State empowered under its domestic law to open insolvency proceedings, to confirm such opening or to take decisions in the course of such proceedings.
In point 1.6.2 ‘registration number’ means the individual identity number attributed under national law to the entity or person. If the debtor is a company or a legal person, this is the number given in the appropriate national (business or association) register.
Please note that it may be necessary to fill in points 4 and 5 only if you object the person proposed as a coordinator.
Annex
ANNEX IV
REQUEST FOR ACCESS TO INFORMATION
Access to information concerning certain natural person contained in insolvency registers in [names of the Member States concerned (1)] is conditional upon a request to the competent authority. In [names of the Member States concerned (2)] you also need to have a legitimate interest for accessing such information. (Article 27(4) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings).
The Member States above are only allowed to make access to such information subject to such conditions where it relates to so called ‘consumer debtors’, i.e. debtors who are natural persons not exercising an independent business or professional activity or who are exercising such business or activity, but the insolvency proceedings they are subject to are not related to that activity (Article 27(3) of Regulation (EU) 2015/848).
You can request access to such information from the competent authorities of the Member States concerned by filling in the form below.
You can fill in this form in or attach documents written in or translated into any official language of the European Union.
You can submit your request to the competent authority of any Member State concerned through the European e-Justice Portal, electronically, by clicking on the ‘Send’ button at the bottom of the form.
The European e-Justice Portal provides assistance only in the electronic submission of the request. After submission of your request to the competent authority of the Member State concerned, any communication between you and the authorities of that Member State (including the provision of the requested information upon positive assessment of your request) will take place bilaterally, through the contact address you indicated when filling in the form.
Please, take note that once you have submitted a request:
— you must be provided by the requested authority with an answer within 3 working days;
— you cannot be obliged to provide translations of the documents justifying your request, or be asked to bear any costs of translation which the competent authority may incur.
(1) The form in the website of the European e-Justice Portal shall actually reflect the list of those Member States who decided to make use of the option in Article 27(4) of Regulation (EU) 2015/848 of granting access to information upon individual requests to their authorities.
(2) The form in the website of the European e-Justice Portal shall actually reflect the list of those Member States who decided to make use of the option in Article 27(4) of Regulation (EU) 2015/848 of granting access to information upon the justification of a legitimate interest of the requestor to the requested piece of information.
ANNEX IV
- MEMBER STATE TO WHICH THE REQUEST IS TO BE SENT
- REQUESTING PERSON
2.1. Name
2.1.1. Surname:
2.1.2. First name(s):
2.2. Contact details:
2.2.1. Email:
or
2.2.2. Fax
or
2.2.3. Postal address:
2.2.3.1. Street and number/PO box:
2.2.3.2. Place and postal code:
2.2.3.3. Country:
- DEBTOR ABOUT WHOM THE INFORMATION IS REQUESTED
3.1. Name:
3.1.1. Surname:
3.1.2. First name(s):
3.2. Additional information which may facilitate the identification of the debtor (you only need to fill in this point if you have any such information at your disposal; however, if you do not provide further information, the person may not be identified):
3.2.1. Personal ID number of the debtor:
3.2.2. Place and date of birth:
3.2.3. Nationality:
- LEGITIMATE INTEREST JUSTIFYING THE REQUEST FOR ACCESS TO INFORMATION (1)
4.1. Brief description of the facts which justify your legitimate interest for accessing the requested information:
4.2. Number of copies of documents attached to the request:
(1) You have to fill in this field only if the Member State addressed, in order to comply with your request, requires the justification of a legitimate interest (these MS are: [names of the Member States concerned]).
Metadata
- Type
- Forordning
- År
- 2017
- Ikrafttrædelsesdato
- 1. januar 1970