Ministerstvo spravedlnosti zpřístupnilo restrukturalizační rejstřík

At the turn of September and October, the Ministry of Justice launched the restructuring register. Although the law on preventive restructuring, which established the register, came into effect in September 2023, the register has only now become operational. However, it is currently functioning only in a testing phase.

According to the law, the restructuring register will record those companies that have entered into preventive restructuring and have simultaneously published the first document within the restructuring process. Until this document is published, the data from the register will not be accessible to the public.

The primary function of the restructuring register will be to serve as a tool through which documents will be delivered by decree. This is particularly crucial for decisions regarding the declaration of a general moratorium, the publication of which in the register will have effects on all entities, whether they are involved in the proceedings as affected parties or not. In addition, the register will also serve as a source of information about the progress of preventive restructuring, although this aspect is more secondary.

The register will also include a list of restructuring administrators. This list will record those individuals who hold a valid special permit, allowing them to act as insolvency administrators for debtors and who express their willingness to serve as restructuring administrators. If an administrator's permit is revoked or they no longer wish to remain on the list, the Ministry of Justice will decide to remove them from the list.

The launch of the register represents a significant step in the digitalization of justice. The Ministry hopes it will clarify the entire process of preventive restructuring and increase transparency in this area. Whether this goal will be achieved remains unclear, especially since the register is currently operating only in a testing phase.

Authors:

Vladimír Petráček

Matěj Šimpach