Competitive Creditors: Registry and Requirements

Any enterprise that conducts an entrepreneurial activity in these or other cases can act as a debtor or a creditor. In the first situation, everything is simple enough. Organizations need money, at a specific time they must be transferred to her account. Along with this, the company may require external loans. Of these, accounts payable arise. Not always, unfortunately, the company is able to pay off its obligations. In such cases, it can be declared bankrupt. . In this process, in addition to other persons, non-discretionary creditors participate. Let's consider their features.

Characteristic

? Who are the competitive creditors ? First of all, it should be said that these subjects have some differences from ordinary lenders. Let's consider an example. Enterprise A has delivered products worth 200 thousand rubles. Company B must transfer the payment for the goods that it already has in stock. While the second organization will not make a deduction, the first enterprise acts as a creditor. Suppose that at the set time, company B did not pay. In this case, she is given another 3 months. To pay off the obligation. If this period is also overdue, then A can send an application to arbitration to obtain the status of bankruptcy creditor.

Normative base

, следует обратиться к ФЗ №127. In order to understand who such competitive creditors are , you should refer to Federal Law No. 127. Two article defines two categories of participants in the bankruptcy procedure. As usual creditors are all the subjects who have claims to the debtor. These include the various bodies (the Pension Fund, the tax inspection, in which mandatory contributions are made), and employees who have not received the due payments. The second category, defined by Art. . 2 of the Law, - competitive creditors . They are persons who have documentary evidence of the debtor's financial obligations. осуществляется по его заявке. The creditor is included in the bankruptcy proceedings upon his application. It must be submitted in a timely manner.

Register of creditors in bankruptcy proceedings

In general terms, it is an accounting document. It contains information about the creditors who sent applications on their claims. However, the arbitration should fix the participants in the proceedings. могут быть предъявлены только в определенный срок. This is due to the fact that the claims of creditors in bankruptcy proceedings can be brought only at a certain date. It begins to flow after the publication of bankruptcy in official publications. From this moment, the inventory of the debtor's property is made . It will be sold at auction to satisfy claims.

Nuances

осуществляется в добровольном порядке. Inclusion in the register of creditors in the bankruptcy proceedings is carried out on a voluntary basis. Claims of entities that have not submitted their applications will be declared canceled after the deadline. Accordingly, they are deprived of the right to receive the funds due. It is worth saying that this situation in practice is not something rare. Creditors may have their reasons not to make demands.

General meeting

Article 12 of the Federal Law "On Bankruptcy" explicitly establishes that competitive creditors, as well as representatives of bodies whose claims are registered in the register, may act as participants in the process. At the same time, information must be entered in the documents, based on the date of the general meeting. It is organized to develop common approaches to resolving issues during the process of bankruptcy. In fact, the meeting implements the tasks of the collegial body that controls the procedure.

Rights of subjects

Competitive creditors are considered key persons in the bankruptcy procedure. They have the right:

1. Participate in the monitoring process.
2. To apply to arbitration with a petition to replace the manager.
3. Participate in the process of recovery of the enterprise, if it is appointed.
4. Send an application to arbitration to replace the procedure.

It is necessary to clearly understand the importance of the actors in the process. Each claim of the creditor to the bankruptcy trustee is recorded in the minutes of the meeting. The entity having the most claims, can play a decisive role in the appointment. Due to the fact that creditors are the main participants in the meeting, they influence the decisions that are taken during the discussion. Article 12 of the Federal Law "On Bankruptcy" lists issues that are exclusively attributed to their competence. At the same time, the norm accentuates the fact that no one except the meeting can take appropriate decisions.

"Transition point"

How is the status of the bankruptcy creditor getting? In the practice of the application of the norms, there are explanations on this issue. The transition to the status of a competitive creditor occurs from the moment of inclusion in the register by the decision of the arbitration court. As for the division of rights among the subjects, we can note the following. Inclusion in the register by arbitration allows a person to become a party to the proceedings. Otherwise, the subject remains within the bankruptcy procedure, but has fewer opportunities. An ordinary creditor can protect his interests, and a competitive creditor can influence the process. Moreover, the latter can rely on satisfying his claims first.

An Important Moment

In practice, it is not uncommon for a company to become a debtor to several firms. In this case, the subjects choose the main creditor. To do this, the debt must be at least 10% of the total amount of liabilities. To apply to arbitration in this case, the consent of the remaining creditors is required.

Exceptions

Not all creditors can become competitive. Exceptions are provided for in the Law on Bankruptcy. The list of subjects who can not expect to receive a status is considered exhaustive. Competition can not be, for example, creditors:

1. Those who concluded a barter deal with the debtor.
2. Have mutual obligations.
3. Presenting claims of a non-property nature, arising as a result of damage to health, life.
4. Provided services related to intellectual work, but they were not paid for.

Additionally

The following information is entered in the register of creditors:

1. The name of the person.
2. Address of location.
3. Account details.

As a bearer of claims, a citizen can act as well. In this case:

1. FULL NAME.
2. Passport data.

The register also includes information about the debt. In this case, the fact of its availability is confirmed by the relevant documents. After entering information, subjects receive notifications. From that moment the creditor may demand an extract from the register from the manager. This document is provided in five days.

Conclusion

The bankruptcy procedure is a rather unpleasant process for all parties. Nevertheless, if lenders want to get their money, they will have to participate in it. It should be borne in mind that the introduction of information in the documentation is carried out in a certain order and in a timely manner. When making a complaint, documentary evidence of their existence must be provided. It can be invoices, contracts, etc. The arbitration manager can establish a specific list of supporting materials.