The rules of this chapter apply in commercial matters where the executing party is a legal person or an entrepreneur or a natural person who performs business for gaining profit and has an open account in accordance with the payment system regulations .
The rules of this Chapter the deacon shall apply to the decision of execution t rgovinskih courts and when it is not about individuals from pre th odnogo bet, if you turn the creditor proposes execution on shares or parts, or if it proposes A shortened procedure on the basis of verifiable documents provided for in Article 253 of this Law.
The contents of the proposal for execution
In the proposal for of execution , in addition to the mandatory gypsum provided for in Article 49 of this Law shall be and marked the following data:
1) identification number of the executing officer,
2) the tax number of the executing officer,
3) the names of the banks and the accounts of the executives account with the commercial banks,
4) the name of the bank and the account number of the executing creditor .
If at the request of the creditor izvrnog turn the Dunik no deliveries and , without delay, the information referred to in paragraph 1 of this Article, Executive creditor may present the proposal and without them, the evidence of the duration data, And the court will require the compulsory billing organization to submit this information.
Requirements for the organization forced to p latu for providing data to the moe to deliver and immediately turn the creditor if supplied evidence that initiated the process of execution forced.
The compulsory billing organization is obliged to provide the requested information without delay.
Delivery to legal entities is made at the address of the legal entity registered in the Register of Legal Persons. In the event of such failure to be served inadmissible, it will be effected at the address of the person authorized to represent that is entered in the register.
If the delivery by the provision of paragraph 1 of this Article is left unsuccessful, the delivery to the legal entity shall be effected by indicating on the notice board of the court and it shall be deemed that the delivery was effected within eight days from the date on the court notice.
2. Joint Provisions on Execution on Actions and Interests in Limited Liability
For a permit to execute and execute the actions on a stock company’s shares and shares in a limited liability company, the commercial court in whose area the public register of the company has been registered, Which actions he or she proposes to perform the actions.
Exercise on the actions and stake has in limited liability with the plenitude, valuation, sales and settlement of the executing debtor.
3. Execution on the action
An action execution report shall be delivered to the executing debtor, the executives and the Central Securities Registry.
The winning duel of the moment of plenitude can not dispose of the stuck action.
By submitting a statement on the execution of the actions to the Central Registry, the pledging of the actions that are the subject of execution shall be completed.
In the moment of plenitude, the executing debtor gains the plagiarized right to seized shares.
The Central Register of Securities shall, upon receipt of the execution report, or at the request of the executing creditor, without delay, enter into the Register a right of action. From the moment of entry, the third party is not sav- ible in relation to the existence of the creditor’s right of action.
Evaluation and sales
The value of the action is determined by the court.
If the action is listed on the stock exchange, its value is determined as the average price on the Stock Exchange in after d them 30 days, according to stock exchange delivery reports. If the value can not be determined in this way , the court will decide on the proposal of one of the parties.
If the shares are traded in a stock exchange, they will cash on the stock exchange.
Actions may also be sold in a manner other than that provided for by the law regulating the traffic of the shares.
The valuation and sale of shares, as well as the settlement of the executing creditor from the resulting price, are governed by the rules on sale of movable property.
4. Exercise on a party with a limited liability
Responses to the execution of a share in limited liability company shall be delivered to the executing debtor, the executing court and the court , or the organization that maintains a public register of limited liability companies.
By submitting a ruling on the execution of a hearing in the company with a limited liability to the court or organization referred to in paragraph 1 of this Article , the plenum of the disputed subject is executed.
Plenipotentiary creditor acquires the right to be heard.
Responding to a plenum is submitted to a limited liability company that is obliged to do the filing of the pledge right in the book of members of the company on the same day .
Responding to the plenum shall be submitted to the court , or to the organization that maintains a public register of limited liability companies, which shall without delay lay down the petty litigation right.
From const and t rec dreams zalonog rights turn the Dunik he can not dispose of the share.
Evaluation and sales
The rules of this law that apply to the evaluation and sale of the shares shall be applied to the assessment and sale of shares.
The right is over purchasing
When selling shares in limited liability companies, the remaining members of the company have the right to over-purchase.
The right to purchase the remaining members of the society is exercised by the rules on the realization of the right of over purchase when executing immovable property.
EXCELLENT EXECUTIVE PROCEDURE
A shortened execution procedure may be executed if the executing debtor and executing party are legal persons, entrepreneurs, natural persons who perform the activity for gaining profit and have an open account in accordance with the payment system regulations as well as Physical persons in the capacity of a contractor of a commercial loan contract.
Verifiable document on the basis of which the shortened execution procedure can be executed
A shortened execution procedure may be carried out on the basis of any verifiable document proving the existence, the amount and the reliability of the creditor’s claim undoubtedly, and in particular:
1) Checks and checks with a protest and a return account if necessary to make a claim ;
2) bonds and other securities that entitle the holder to the payment of the nominal value ;
3) a derecognized non-bank guarantee ;
4) obtain a non-letter of credit ;
5) overdue statement of the executing officer by which the executing supervisor authorizes the transfer of funds ;
6) a public document constituting a financial obligation;
7) Every contract in the economy.
Verifiable document referred to in paragraph 1, item 7) is a written contract in which the signatures of the authorized persons are overshadowed by the competent court or another body authorized by law.
A shortened procedure may not be carried out on the basis of a foreign document.
Proposal for Execution of Shortened Execution Procedure
The unique creditor who wants to be on the basis of authentic documents of the previous article implement the simplified procedure of execution , Duan that the proposal for of execution expressly indicated.
If the executing debtor does not indicate that it is a payment execution, that is to say a shortened execution procedure, enforcement will be carried out under the provisions of this law foreseen for execution on the basis of a verifiable document.
Permission to execute
When satisfied that the conditions for shortening ht one turn the proceedings, the court shall issue the ordination of execution in accordance with Article 52 of this Law.
Against a refusal to reject or reject a proposal for a permit to execute, and a shortened procedure is allowed.
The executing officer has the right to complain against the execution of the shortened procedure.
Objection can be made for the following reasons:
1) that an incorrect content is entered in the document from Article 253 of this Law ;
2) that the document is signed by the unpaid person ;
3) the undertaking of documents performed;
4) that the obligation from the document has not expired;
5) that the creditor’s obligation at the same time is not fulfilled.
An objection may be filed within three days of receipt of the execution report in a shortened procedure.
Proof of Objection
The defendant is obliged to submit the following objections with the objection:
1) a judicial decision by which the invalidity of the document or the extract from the Central Register of Securities is established , if it claims that the document is untrue;
2) a statement from the Register of the person authorized to represent at the moment of issuance of the document , if he claims that the document has been signed by the uninhibited person ;
3) a payment order in the written or electronic form on the basis of which the transfer of funds is made, if it claims that the obligation is met.
In the event of a complaint of non-compliance with the obligation of the document, the unequivocal nature must arise from the document itself.
In the event that the executing official objects to the objection of non-fulfillment of the creditor’s obligation at the same time, the court shall leave a three-day deadline for the creditor to submit proof of the fulfillment of his obligation.
If the creditor proves the fulfillment of the obligations at the same time, the court will rule on execution against the executing officer.
The decision is made by a majority composed of three judges of the court who made the execution of the execution in the shortened procedure.
If the court finds that the objection is grounded, the ruling on the execution of the shortened procedure in the offense where the execution is determined and the case shall be terminated to the civil court for further proceedings, as in the execution procedure on the basis of a veritable document.
The Court must ordination on the complaint within eight days from the day receipt of the complaint in court in .
An objection stops executing execution decisions.
Against the rejection of the objection or refusal of the objection, the executing party has the right to appeal.
Deadline for the declaration of entry referred to in paragraph 1 . This member is three days.
alba does not stop executing.
The decision shall be taken within eight days of receipt of the case at the second instance court.
The Appeals Chamber may revoke the sentence or confirm it.
If it terminates the complaint rejecting the objection, the case will be returned by a larger first instance court to re-decide on the objection.
If the second-instance court terminates the complaint rejecting the objection, it will rule out the execution of the execution in a shortened procedure in the offense of execution and the proceeding will continue as a complaint against the payment order.
Launching the procedure
The process of securing initiated by the party and sought other persons , or body only when it is provided by law.
In the proposal for security, there is a claim for which security is sought, legal reasons for security, facts and evidence from which the court determines that the existence of legitimate reasons for security is probable, as well as the type of security , under the condition that the court adopts a proposal He made the provision.
Means of security
As a safeguard instrument, only a pecuniary right to immovable and movable property may be determined on the basis of the parties’ agreement , the right to immovable property on the basis of the execution document, precautionary measures and provisional measures.
Unavailability of security
Obstruction is not allowed on things and rights that can not be subject to execution under the law.
Applying the provisions of certain laws
The provisions of the Civil Procedure Act shall be applied in the procedure of discussion and decision-making on a proposal for security, unless otherwise provided by this law .
In the process of conducting reinsurance provision, the provisions of this law governing the enforcement procedure shall be applied, unless the provisions of this Chapter of the law provide otherwise.
Competence and composition of the court
If the proceeding is initiated before the initiation of litigation or another procedure in which the determination of the claim for which the security is sought is decided, the court competent for the first instance decision on the merits of the claim is competent.
In the process of providing security the decision is made by the individual judge, regardless of the composition of the court.
If the process of providing running at the same time or after the initiation of litigation or other proceedings in which it decides on the merits of the claims which the Security gossip, in the process of securing acts and decisions made by the court , or other authority that decides on the claims.
If a proposal for security lodged before a court before which a proceeding against a decision on a major matter is conducted , or in an extraordinary legal proceeding, that court shall decide on the proposed means of security and without delay inform the first instance court.
If the proposal for security is submitted during the execution procedure, the decision is taken by the court before which the execution procedure is conducted.
For the purpose of securing the rights and obligations of public books or other registers, it is solely the competent court in whose territory it is located the seat of the body or organization that keeps that book or register.
Special Rules of Provision
In the security proceedings, the court may decide to provide security before submitting the proposal to the opposing party and before the counterparty has made it possible to declare the proposal:
1) if the prospector of the security, due to the delay, could suffer an irreversible or grossly compensable loss;
2) in order to eliminate the immediate danger of unlawful damage to property or loss or theft of rights ;
3) to prevent violence.
In the safeguarding process, the court will only consider those facts and produce only the evidence that the parties propose, and which court considers essential to deciding on the proposal for security. Proof by hearing the parties will be conducted by the court solely for the purpose of establishing the existence of legitimate grounds for securing, which can not be determined by other means of evidence in the circumstances.
In order to determine the existence of legal reasons for providing it, it is sufficient probability that the facts on which these considerations are based will exist, unless otherwise provided by this law.
In the process of securing matrimonial and family relationships, the public is excluded.
The delivery of the written record in the procedure of security is done by the application of the provisions on delivery in the execution process.
Reading about providing
The Reading on Provision contains the court’s decision on the remedy, a brief explanation of the legal reasons for the adoption of a proposal for providing security and an instruction on whether the court retains the execution of the reprimand, within which time and to which court alba can declare.
Complaint against reprisals, as well as a reprimand against which a security proposal is rejected or rejected, shall be filed within three days of the date of delivery of the reprimand.
Complaint against reparation on remedies only remedies the execution of remedies only when determined by this law.
Alba paragraph 1st of this article, together with the case, shall be submitted without snooze making the court competent to decide on appeals, who decide on it within eight days of receipt of the file.
Exceeding the time limits referred to in paragraph 3 of this Article shall be deemed to be delayed by proceedings by a judge, in accordance with the provisions of the Judicial Law.
No revision and a suggestion for a repeat of the procedure were allowed under the security procedure.