Decreto-Lei n.º 52/2019
- Emissor:Presidência do Conselho de Ministros
- Entidade Proponente:Justiça
- Tipo de Diploma:Decreto-Lei
- Páginas:2178 - 2181
Summary in plain english (Without legal value)
What is it?
This decree-law amends the rules of the legal administrator’s statute and the law which establishes the Committee for the Monitorization of the Court Officers (CAAJ).
What is going to change?
The legal administrator’s statute is reviewed
- The rules regarding the replacement requests submitted by the legal administrators are improved. The judge may immediately decide their replacement.
- The criteria for the remuneration of the recent functions assigned to the legal administrators are established.
The legal administrator’s remuneration is now amended according to the recent powers previously assigned
To the legal administrator were assigned powers to simultaneously handle:
- different processes of companies within the same group;
- the appreciation of these companies’ credits on the companies within the same group;
- the special processes to obtain a payment agreement (process which aims to solve the financial situation of natural persons through the approval of a payment agreement with the creditors);
- the processes to convert a credit into capital (in these processes, the creditors may opt to hold the company’s share capital as a payment for their credits).
The way to fix a specific remuneration of the legal administrator for the several functions performed is established by a specific statute.
Example: if the same administrator handles several processes of debtors within the same business group, he/she shall receive the remuneration of the main process and add 10.000€ for each other debtor.
The minimum remuneration of the trustee is also fixed at 300€, in the case of processes in which the income delivered by the debtors is lower than 3.000€.
The trustee is the individual who monitors the five-year period in which the natural person, after being deemed as bankrupt, must submit part of his/her income to pay to the creditors, before the debts are forgiven.
The tax and fines collection scheme is altered
The amounts due to CAAJ are now collected by the Finances.
What advantages does it bring?
This decree-law aims to:
- review the legal administrator’s statute, adapting it to the new powers;
- contribute to streamline the justice, simplifying the proceedings in the insolvency processes.
When does it enter into force?
This decree-law enters into force 30 days following its publication.