{"id":7690,"date":"2023-08-21T11:53:08","date_gmt":"2023-08-21T11:53:08","guid":{"rendered":"https:\/\/axevera.com\/2023\/08\/21\/pre-insolvency-restructuring-law-approved\/"},"modified":"2025-06-30T08:37:22","modified_gmt":"2025-06-30T08:37:22","slug":"pre-insolvency-restructuring-law-approved","status":"publish","type":"post","link":"https:\/\/axevera.com\/en\/2023\/08\/21\/pre-insolvency-restructuring-law-approved\/","title":{"rendered":"Pre-insolvency restructuring: law approved"},"content":{"rendered":"<h2>The House of Representatives approves the pre-insolvency restructuring law aimed at helping entrepreneurs facing financial difficulties to avoid bankruptcy.<\/h2>\n\n<h3>The proposal<\/h3>\n<p>Upon the suggestion of Pavel Sta\u0148ek (ODS), the government first specified the procedure to facilitate the preparation of pre-insolvency restructuring and then highlighted the parts that will not be subject to restructuring.<br \/>\nThe principle of pre-insolvency restructuring is based on an agreement between the entrepreneur and their main creditors. In this scenario, business continuity, one of the key principles, will be maintained through negotiations with financial and trade creditors. It will be necessary to present a restructuring plan that lists all the creditors who will be part of the procedure. The company can choose which creditors to propose an agreement for credit recovery and restructuring. The project must then be presented to these creditors. Once the recovery plan is presented, a negotiation phase will commence involving the entrepreneur and the creditors. In the event of insolvency proceedings, in this scenario, only the selected key creditors contacted by the entrepreneur can be involved in pre-insolvency restructuring. Regarding the non-admitted claims, it is the responsibility of the entrepreneur to resolve these outstanding debts in a prospective manner. These types of credits are usually excluded because they are relatively insignificant compared to the rest and will be paid regularly while preserving all their rights. The proposal will now be examined by the Senate, as will the subsequent amendment to the insolvency law, also approved by the lower house of Parliament.<\/p>\n<h3>Advantages of the new procedure<\/h3>\n<p>One advantage of the new procedure is that, unlike bankruptcy, it does not go through the court. Therefore, it is not a public procedure. Consequently, the court will not make information about the restructuring public to limit the impact of negative publicity as much as possible. The goal of the legislature is to encourage companies to address financial difficulties before reaching a state of insolvency.<br \/>\nFurthermore, the new initiative will reduce the number of insolvency procedures, relieving the courts and streamlining the legislative process for certain types of companies.<\/p>\n<h3>Data on bankruptcies in 2023<\/h3>\n<p>In the first half of this year, 343 bankruptcies of commercial companies, 2,647 bankruptcies of individual entrepreneurs, and 6,683 personal bankruptcies were declared. The data for the first semester shows a decrease compared to 2022 for all the aforementioned categories, with a 10% decrease in &#8220;professional bankruptcies&#8221;. The data is provided by a study conducted by CRIF &#8211; Czech Credit Bureau.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone wp-image-23321\" src=\"https:\/\/axevera.com\/wp-content\/uploads\/2023\/08\/grafico-fallimenti-1.png\" alt=\"\" width=\"651\" height=\"320\" \/><\/p>\n<p>The decreasing trend is evident when considering the average number of bankruptcies per month. In 2021, an average of 62 companies per month went bankrupt, compared to 52 in the first half of this year. A more significant difference is observed in the case of individual entrepreneurs, where an average of 527 entrepreneurs went bankrupt per month in the second half of 2021, while in the first half of this year, there was a 16% decrease, equivalent to 441 bankruptcies,&#8221; says V\u011bra Kamen\u00ed\u010dkov\u00e1, an analyst at CRIF &#8211; Czech Credit Bureau. In June, the bankruptcy of 47 commercial companies was declared, the lowest number after April compared to the other months of this year. At the same time, 109 insolvency petitions were filed, which is the highest this year. 495 individual entrepreneurs also declared bankruptcy, along with the highest number in May of this year, and 481 bankruptcy petitions were filed.<br \/>\nThe most significant data, as already announced, is the decrease in personal bankruptcies compared to the first half of the previous year. The number of personal bankruptcies decreased by 768, or 10% year-on-year, and the number of personal bankruptcy proposals decreased by 479, or 6%. The highest number of personal bankruptcies was declared in the Moravia-Silesia region (202), the \u00dast\u00ed region (175), and the Central Bohemian region (134).<\/p>\n<p>Sources: https:\/\/www.camic.cz\/it\/; https:\/\/www.informaceofirmach.cz\/; https:\/\/www.ceskenoviny.cz\/<\/p>\n<p>Source of images: https:\/\/pixabay.com\/<\/p>\n<p>Graphic source: https:\/\/storyset.com\/<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The House of Representatives approves the pre-insolvency restructuring law aimed at helping entrepreneurs facing financial difficulties to avoid bankruptcy. The proposal Upon the suggestion of Pavel Sta\u0148ek (ODS), the government&#8230;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[26],"tags":[],"yst_prominent_words":[],"class_list":["post-7690","post","type-post","status-publish","format-standard","category-news"],"_links":{"self":[{"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/posts\/7690","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/comments?post=7690"}],"version-history":[{"count":1,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/posts\/7690\/revisions"}],"predecessor-version":[{"id":14563,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/posts\/7690\/revisions\/14563"}],"wp:attachment":[{"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/media?parent=7690"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/categories?post=7690"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/tags?post=7690"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/axevera.com\/en\/wp-json\/wp\/v2\/yst_prominent_words?post=7690"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}