How does the insolvency practitioner get into each particular insolvency process?
The Insolvency Control Service (IKS) has prepared information material explaining the procedure for advising insolvency practitioners (queue).
Infografika: Insolvency Process Administrators Procedure (Queue) (saite)
The procedure for recommending insolvency practitioners (queue) consists functionally and operates in cooperation with two information systems - the Electronic Insolvency Accounting System (EMUS) and the Court Information System (TIS).
EMUS maintains a list of insolvency practitioners who have expressed a desire to be on the line. The list is passed TO THE POINT where a draw is made from the list by a certain random algorithm.
The insolvency practitioner cannot choose which insolvent entity to administer and vice versa: no entity can choose which insolvency practitioner will administer its insolvency proceedings.
An automated advising procedure for insolvency practitioners worked from 2008. In order to ensure automated queuing operation and an objective procedure for the selection of insolvency practitioners in administrative insolvency proceedings, it undertook a number of legislative changes and improvements.
A new “queuing” procedure was established on 1 January 2019, introducing improvements and guaranteeing the principle of randomness in the operation of the line.
The operation of the queue shall be ensured in accordance with Cabinet Regulation No. 837 of 18 December 2018, Procedures for the sorting of the list of candidates for the position of the insolvency practitioner and the selection of the candidate for the position of administrator of insolvency proceedings (saite).
In order to ensure an equal distribution of cases between administrators, TWO parallel flows have been established – the flow of legal persons' insolvency proceedings and the flow of insolvency proceedings for natural persons. All administrators on the list stand in both flows. Therefore, each insolvency practitioner may be either in both flows or in any one.
There is no situation where the administrator stands solely for the administration of insolvency proceedings of legal persons or natural persons.
In accordance with the procedures specified in the Regulations, each insolvency practitioner shall be advised once from the flow of insolvency of natural persons and the flows of insolvency of legal persons. If the proposed insolvency proceedings are not declared, the insolvency practitioner shall lose the possibility of qualifying for administration of insolvency proceedings within the specific flow.
If the insolvency practitioner expresses a desire to leave the queue, in which case it shall be removed immediately from the list.
Although the insolvency practitioner is not “put back” in the flow in the event of a non-appointment and indeed loses the possibility of qualifying for another administrative insolvency proceedings within the same flow, this system provides equal opportunities for all administrators as well as transparency in the operation of the queue.
In order to ensure transparency of proceedings, closed flows with administrators' names and insolvency files numbers are available to all administrators.
The MKD shall regularly provide an audit of the operation of the recommending (queuing) process by an independent third party. Audits performed during the operation of the line have shown that the operation of the line complies with the requirements of regulatory enactments. Complaints received so far have always been explained by logical principles for the operation of the line, and no irregularities have been identified.
Due to the limits of covid-19, the statistically average duration of a physical person's flow is 43 days, while the duration of the flow of legal persons is 93 days.
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