Examples of using Preventive restructuring in English and their translations into Croatian
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Availability of preventive restructuring frameworks.
And an avoidance actions regime in insolvency procedures to protect transactions concluded in good faith with a view to a debtor's preventive restructuring.
Or in the process under insolvency law(preventive restructuring, compulsory settlement).
Member States shall ensure that debtors can benefit from a stay of individual enforcement actions to support the negotiations of a restructuring plan in a preventive restructuring framework.
Option 2: Setting up a fully harmonised preventive restructuring procedure and a second chance framework.
For these, the national supervisory authorities have wide-ranging powers of intervention so it is appropriate to exclude such debtors from the preventive restructuring procedures envisaged in this proposal.
Member States shall ensure that preventive restructuring frameworks have no impact on accrued occupational pension entitlements.
Member States should be able to introduce a viability test as a condition for access to the preventive restructuring procedure provided for by this Directive.
We will table a new initiative on preventive restructuring procedures and to give a second chance to entrepreneurs after bankruptcy.
This Directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating;
Member States may also provide that preventive restructuring frameworks provided for under this Directive are available at the request of creditors and employees' representatives, subject to the agreement of the debtor.
Member States should be able to maintain orintroduce in their national legal systems preventive restructuring frameworks other than those provided for by this Directive.
Preventive restructuring frameworks available for debtors in financial difficulties when there is a likelihood of insolvency, with a view to preventing the insolvency and ensuring the viability of the debtor;
To promote efficiency and reduce delays and costs,national preventive restructuring frameworks should include flexible procedures.
On preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU.
Therefore, if Member States decide to exempt the claims of workers from the preventive restructuring framework, workers should not be considered as affected parties.
Preventive restructuring frameworks should, above all, enable debtors to restructure effectively at an early stage and to avoid insolvency, thus limiting the unnecessary liquidation of viable enterprises.
Option 2: a recommendation to the Member States on minimum standards for preventive restructuring frameworks and discharge periods for entrepreneurs second chance.
Article 4: preventive restructuring frameworks can consist of one or more procedures or measures provided that a debtor can combine all the elements listed in them in order to effectively negotiate and adopt a restructuring plan.
Effective out-of-court and insolvency frameworks,including preventive restructuring, are crucial in this context and the adopted reforms should be implemented fully.
By way of derogation from the first subparagraph, Member States may apply paragraph 2 to workers' claims if, and to the extent that,Member States ensure that the payment of such claims is guaranteed in preventive restructuring frameworks at a similar level of protection.
This proposal aims at improving conditions and incentives for preventive restructuring of firms and giving a second chance to honest entrepreneurs who once failed.
A preventive restructuring framework laid down pursuant to this Directive should not affect claims and entitlements against a debtor that arise from occupational pension systems if those claims and entitlements accrued during a period prior to the restructuring. .
Member States may provide that the followingclaims are excluded from, or are not affected by, preventive restructuring frameworks referred to in point(a) of paragraph 1: a.
The Council adopted the directive on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures for entrepreneurs.
Alternatively, Member States should be able to exclude workers' claims from the scope of the preventive restructuring frameworks and provide for their protection under national law.
This measure would recommend to the Member States to put in place a preventive restructuring framework which contains certain minimum standards for effective corporate rescue, as well as minimum standards on discharge periods.
The directive aims at providing access by viable enterprises in financial difficulties to preventive restructuring frameworks to enable them to restructure at an early stage, and so prevent insolvency.
Member States shall ensure that,irrespective of who applies for a preventive restructuring procedure in accordance with Article 4, debtors have the right to submit restructuring plans for adoption by the affected parties.
Member States may put in place provisions limiting the involvement of a judicial oradministrative authority in a preventive restructuring framework to where it is necessary and proportionate while ensuring that rights of any affected parties and relevant stakeholders are safeguarded.