ABSTRACT – creditors’ compulsory settlement according to ZFPPIPP: case Avtotehna d.d.
The fundamental aim of the amendment F to The Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP) is to provide more effective conditions for restructuring the Slovenian economy. In order to achieve this goal, the most important changes and supplements are changes in compulsory settlement procedure and in the introduction of a new compulsory settlement procedure, which can begin on the proposal of creditors. Most important novelties introduced by the amendment F to ZFPPIPP in the Slovene legal system are described in the first chapter of the master’s thesis.
The purpose of the creditors’ compulsory settlement is to give creditors the possibility of an active entity in the processes of financial restructuring, which should contribute to the timeliness of restructuring procedures, which were repeatedly started too late and negatively influenced repayment of creditors and increased the number of bankruptcy proceedings. The purpose of the institute of transferring the authorization to conduct debtor's operations on creditors is to manage the process of forced restructuring more efficiently and better repayment of creditors. The institute of creditors' compulsory settlement and the institute of transfering the authorization to conduct debtor's operations to creditors are described in more detail in the second chapter of the master's thesis.
In 2014 a creditors’ compulsory settlement was initiated against the company Avtotehna d.d. and was finally concluded on 03.12.2015. The subject of the creditors’ compulsory settlement was restructuring of regular financial and secured financial claims against the debtor. Following the completion of the compulsory settlement procedure, the company was transformed into a limited liability company, and on 14.05.2019 the company ceased following the Termination of the Company by way of summary procedure. The creditors’ compulsory settlement procedure is described in the third chapter of the master's thesis.