Remuneration of insolvency practitioners in reorganization proceedings as a possible inspiration for preventive restructuring?
Remuneration of insolvency practitioners in reorganization proceedings as a possible inspiration for preventive restructuring?

Author(s): Klára Vítková, Ondřej Zezulka
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: insolvency practitioner; restructuring administrator; remuneration; preventive restructuring; reorganization;
Summary/Abstract: The draft law on preventive restructuring transposing Directive (EU) 2019/1023 envisages creating the profession of restructuring practitioner. The aim of the article is to offer recommendations for the forthcoming legislation, which is to regulate the calculation of remuneration for this new profession. The article deals with the procedural position and tasks of the restructuring practitioner in preventive restructuring and compares them with the activities of the insolvency practitioner within the reorganization. Based on the similarities and differences, the article examines whether the existing model of remuneration of insolvency practitioner in the reorganization (monthly fee) can be considered a suitable inspiration for the planned decree on the remuneration of the restructuring practitioner. The recommendations de lege ferenda are also based on the analysis of alternative remuneration models (including the German transposition norm).

• Details
• Contents