(content of changes to financial restructuring plans)
(1) After the initiation of compulsory settlement proceedings, the insolvent debtor may change the financial restructuring plan only so as to:
1. offer to creditors a higher portion of payment of their ordinary claims, higher interest, or shorter time limits for the payment offered in the petition for compulsory settlement included in the previous financial restructuring plan,
2. considering the alternative offer referred to in the first paragraph of Article 144 of this Act, or the offer referred to in the second paragraph of Article 144, offer to creditors a higher number of shares or a nominal value of the subscribed contribution than offered in the petition for compulsory settlement included in the previous financial restructuring plan, or
3. make to creditors the alternative offer referred to in the first paragraph of Article 144 of this Act, or the offer referred to in the second paragraph of Article 144 regarding secured claims, if he has not made such an offer in the petition for compulsory settlement included in the previous financial restructuring plan.
(2) The change to financial restructuring plan shall be made as a clean version of the changed financial restructuring plan.
(3) The clean version of the changed financial restructuring plan shall contain:
1. a summary with a description of the content of the change to financial restructuring plan,
2. components referred to in points 2 to 5 of Article 145 of this Act.
Article 181
(report of a certified business evaluator concerning the review of the changed financial restructuring plan)
(1) The clean version of the changed financial restructuring plan shall be reviewed by a certified business evaluator, who draws up a report thereon.
(2) In respect of the report of the certified business evaluator concerning the review of the changed financial restructuring plan, points 1 and 2, the second and third indents of point 3, and point 4 of the second paragraph, the third paragraph, point 2 of the fourth paragraph, and point 2 of the fifth paragraph of Article 146 of this Act shall apply mutatis mutandis.
Article 182
(request for permission for a change of a financial restructuring plan) (1) A change to the financial restructuring plan shall require permission by the court.
(2) The request for the permission of a change to financial restructuring plan shall be lodged within four months following the initiation of compulsory settlement proceedings.
(3) The request for permission for the change of a financial restructuring plan shall be attached by:
1. a clean copy of the changed of the financial restructuring plan,
2. a report of the certified business evaluator concerning the changed financial restructuring plan with his unqualified opinion and
3. in the case referred to in points 2 or 3 of the first paragraph of Article 180 of this Act:
– the minutes of the general meeting of the insolvent debtor where a resolution on the change in the share capital with the purpose of executing financial restructuring with the content laid down in the changed financial restructuring plan, and pursuant to Article 191 of this Act has been adopted and
– a call to creditors for the subscription and paying up of new shares with the content referred to in Article 193 of this Act.
Article 183
(resolution on the supplementation of an incomplete request for permission of a change to financial restructuring plan)
(1) If the request for permission of a change to financial restructuring plan is not attached by the attachments referred to in the third paragraph of Article 182 of this Act, or if the content of such attachments does not comply with the third paragraph of Articles 180 and 181 of this Act, and in the case referred to in point 3 of Article 182 of this Act also with Articles 191 and 193 of this Act (hereinafter referred to as:
incomplete request for permission of a change to financial restructuring plan), the court shall order with a resolution the petitioner to, within eight days of the receipt of the resolution on supplementation, supplement accordingly the incomplete request for permission of a change to financial restructuring plan.
(2) The court shall issue the resolution on supplementation within eight days following the lodgement of the request for permission of a change to financial restructuring plan.
(3) The time limit for the supplementation of the incomplete request for permission of a change to financial restructuring plan referred to in the first paragraph of this Article shall not be extended.
Article 184
(deciding on the request for permission of a change to financial restructuring plan)
(1) The court shall decide on a request for the permission of a change to financial restructuring plan out of the hearing.
(2) The court shall issue a resolution permitting the change to financial restructuring plan:
1. if the request for permission of the change to financial restructuring plan has been lodged within the time limit referred to in the second paragraph of Article 182 of this Act,
2. if the content of the change to financial restructuring plan complies with the first paragraph of Article 180 of this Act,
3. if the request for permission of a change to financial restructuring plan is attached by attachments referred to in the third paragraph of Article 182 of this Act and
4. if the content of such attachments complies with the third paragraph of Articles 180 and 181 of this Act, and in the case referred to in point 3 of Article 182 of this Act, also with Articles 191 and 193 of this Act.
(3) The court shall reject the request for permission of a change to financial restructuring plan:
1. if the request has been lodged after the time limit referred to in the second paragraph of Article 182 of this Act has expired, or
2. if, within the time limit referred to in the first paragraph of Article 183 of this Act, the petitioner does not supplement the request for permission of a change to financial restructuring plan in such a way as provided for by the resolution on supplementation.
(4) The court shall refuse the request for permission of a change to financial restructuring plan if the content of such change is contrary to the first paragraph of Article 180 of this Act.
(5) The court shall decide on the request for permission of a change to financial restructuring plan within eight days.
(6) The time limit referred to in the first paragraph of this Article shall start:
1. if the court has issued a resolution on supplementation: as of the expiry of the time limit referred to in the first paragraph of Article 183 of this Act,
2. in other cases: as of the receipt of the request for permission of a change to financial restructuring plan.
Article 185
(publication of changes to a financial restructuring plan)
Upon granting permission of a change to financial restructuring plan, the court shall on the next working day following the issue of the resolution on permission of a
change to financial restructuring plan publish such resolution and documents referred to in the third paragraph of Article 182 of this Act.
Subsection 4.4.4: Special rules on the change in share capital with the purpose of