Section 211
Part one: General part
representatives authorised to act on its behalf alone, the insolvency court may require the fulfilment of these obligations by each of them. Section 211 (1) The basis for the determination of the assets is the list of property which the debtor is obligated to submit along with the insolvency petition or based on the decision of the insolvency court. (2) The insolvency administrator or the provisional administrator shall perform their own investigation on whether other items, rights, receivables and other assets different from those that the debtor listed in the list of property belong into the assets. Creditors institutions are also obligated to provide them with the necessary cooperation. (3) If the insolvency administrator or the provisional administrator is not able to achieve the complete determination of assets because they were not provided with the necessary cooperation, they shall notify the insolvency court of it and propose the adoption of the relevant measure. Section 212 (1) The debtor must permit the insolvency administrator the access to all places where they have their property located that belongs into the assets. (2) If it is necessary, especially if the debtor does not provide the insolvency administrator with the cooperation necessary for the determination and the securing of the assets, the insolvency court may, upon the petition of the insolvency administrator, order an inspection of the apartment, residence, registered office, place of business and other premises of the debtor as well as their cabinets or other compartments stored in them where the debtor has their property; for that purpose, the insolvency administrator is entitled to arrange entry into the apartment or other premises of the debtor or even gain access to the locked cabinets or other compartments. (3) A written copy of the decision under Subsection 2 does not have to include the justification; an appeal against such decision is not admissible. The decision shall be served only to the insolvency administrator and the debtor. The insolvency court shall serve the decision to the insolvency administrator along with a copy of the decision which is to be delivered to the debtor. The insolvency administrator shall serve the decision to the debtor during the inspection of the premises which the resolution concerns. If the insolvency administrator fails to serve the decision to the debtor during such action, they shall return it to the insolvency court for serving. 90 Ukázka elektronické knihy, UID: KOS186676
Section 214
Chapter VI: Assets
(4) Anyone who owns a facility which contains the debtor’s apartment, residence, registered office, place of business or any other of their premises is obligated to tolerate the insolvency administrator, who prepares a list or who performs actions aimed at the proper securing and administration of assets, performing the inspection of the apartment or other premises of the debtor. If they fail to fulfil such obligation, the insolvency administrator is entitled to arrange access to the apartment or other premises of the debtor. (5) If necessary, the insolvency administrator shall take an appropriate person to the inspection, if possible a representative of the municipality. The insolvency administrator shall make a transcript on the inspection which must list the property that was determined during the inspection and the property that was seized during the inspection. The insolvency administrator or the person taken for the inspection shall sign the transcript. The insolvency administrator shall submit the transcript to the insolvency court while keeping a copy of it. The insolvency court shall serve the copy of the transcript to the debtor and the creditors committee. Section 213 Any person who manages the debtor’s property belonging to the assets is obligated to notify the insolvency administrator or the provisional administrator of it as soon as they learn about the issue of the decision on the bankruptcy and state the legal grounds on which basis they have such property under their management. They must allow them the inspection of such property and its evaluation upon the call of the insolvency administrator or the provisional administrator. Section 214 (1) The insolvency court may, upon the petition of the insolvency administrator or creditors committee, summon the debtor or persons acting on behalf of the debtor for interrogation and request them to make a property declaration. A summons to the property declaration must include the purpose of the interrogation and the instructions on the consequences of refusing to make the declaration or the provision of false, incomplete or grossly misrepresenting data. The summons shall be served into the own hands of the summoned person at least 10 days before the interrogation. (2) The summoned person is obligated to attend the insolvency court in person. If they fail to attend it without a reasonable and timely excuse, they shall be presented; the summoned person must be instructed on this. (3) Before the commencement of the interrogation, the insolvency court shall repeat the instructions under Subsection 1. In the property declaration, the summoned person must state what property belongs into the assets. 91 Ukázka elektronické knihy, UID: KOS186676
Section 215
Part one: General part
Section 215 (1) In the property declaration, the summoned person shall always be obligated to give the following: a) payers of wages of the debtor or any other of their income subject to deductions from payroll and amount of such receivable, b) banks, branches of foreign banks and savings and credit unions in which the debtor has their accounts, the amount of receivables and their account numbers, c) debtors with whom the debtor has other financial receivables, the reason for and amount of these receivables, d) persons towards whom the debtor has other property rights or assets and the reason for and value thereof, e) the movable assets of the debtor or co-ownership share in them, and where or with whom they are; the same shall apply to the deposit books, certificates of deposits and other forms of deposits, shares, bills, cheques or other securities or other instruments, the submission of which is necessary for the exercising of the rights, as well as the booked and immobilised securities of the debtor, f) the immovable property of the debtor or co-ownership share therein, g) the company of the debtor and its parts and location thereof, h) other rights and other assets provided they have an appreciable value. (2) Section 103 Subsection 1 shall apply to the indication of persons in the property declaration, accordingly. Section 216 (1) The insolvency court shall prepare a transcript on the property declaration; if the summoned person submits the list of property, such list is an annex to the transcript, if the summoned person declares that it contains complete and true data or if they subsequently add them in the transcript. The transcript shall further include the contents of the instructions provided by the insolvency court under Section 214 and the express declaration of the summoned person that they have provided only complete and true data on the property of the debtor. The judge, the court reporter and the summoned person shall sign the transcript. Acts of the insolvency court under this Subsection may only be performed by the judge. (2) The insolvency court shall notify the insolvency administrator and the creditors committee on the interrogation of the property declaration. The insolvency administrator and the creditors committee are entitled to ask the summoned person questions. A copy of the transcript of the interrogation shall be served to the insolvency administrator and the creditors committee. 92 Ukázka elektronické knihy, UID: KOS186676