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Article 60: Guarantee of the rights of creditors of a reorganised legal entity

📅 Updated: 30.09.2026

1. Within three working days of the date on which the decision on the reorganization of a legal entity is taken, it shall notify in writing the authorized public authority implementing the State party. If two or more legal persons are involved in the reorganization, notice shall be given to the legal profession. On the basis of such notification, the authorized public authority responsible for carrying out the State re-organisation decision or a specific decision on the reorganization. The register of legal persons records in the single State register of legal persons that legal persons are in the process of reorganization. In the single State register of legal persons, records of the commencement of the reorganization procedure are published twice every month in the media in which the publication is published. Where two or more legal persons are involved in the reorganization, the notice of reorganization shall be published. On behalf of all legal persons involved in the reorganization, the legal entity that last decided on the reorganization or a certain reorganization decision. Information shall be provided on each member of the reorganization that is created or continues to operate as a result of the reorganization of the legal entity, the form of reorganization, the manner and conditions of the application. The law may provide for the obligation of a reorganised legal entity to notify creditors in writing of its reo. 2. A creditor of a legal person, if his or her rights arose prior to the publication of the first notification of the reorganization of the legal person, is entitled to claim an early the performance of the obligation in question by the debtor and, where early performance is not possible, the termination of the obligation and compensation for damages arising therefrom, except in cases established by law. Claims for early performance of an obligation or termination of an obligation and compensation for damages may be submitted on credit. No later than thirty days after the date of the last notification of the reorganization of the legal entity. The claims made within the specified time limit must be met before the reorganization procedure is completed, including the deposit of a debt in the event of a failure to pay dues. The creditor is not entitled to claim early performance of the obligation or termination of the obligation and damages if, within thirty days from the date of termination of the obligation, the creditor is not entitled to seek early performance of the obligation or termination of the obligation and damages. At the time the creditor makes those claims, it will be provided with security deemed sufficient under paragraph 4 of this article. 3. If the creditor claiming under the rules of this article is satisfied obligation or termination of obligation and compensation for damages, such performance is not granted, damages are not recovered and insufficient security is not offered for the performance of the obligation, solidarity Persons who are actually able to determine the actions of restructured legal persons are liable to the creditor, together with legal persons created by the reorganization. (art. 53, para. 3), members of their collegiate bodies and a person authorized to act on behalf of a restructured legal person (art. 53, para. 3) if they act (inaction) in a manner consistent with the law (art. There were consequences for the creditor, and in reorganization in the form of a joint and several liability to the creditor, along with the persons in question, the reorganization would also be subject to the reorganization of the legal regime. 4. The security offered to the creditor for the performance of the obligations of the reorganised legal entity or for damages arising from its termination shall be considered sufficient if: (1) cc (b) An independent, irrevocable guarantee has been issued to the creditor by a credit institution whose creditworthiness is beyond reasonable doubt. a liability not less than three months longer than the period of performance of the secured obligation and subject to payment by the creditor of claims against the guarantor accompanied by evidence of non-performance 5. If the transfer document does not permit the identification of the successor according to the legal person ' s obligation and also if the transfer document It follows from the act or other circumstances that, in reorganization, the assets and obligations of the reorganised entities have been misallocated in good faith, resulting in a substantial breach of the interests of the credit Oras, a restructured legal entity and legal persons created as a result of the reorganization are jointly and severally liable for such an obligation.