In my Master diploma thesis I focus on regulation of a new preventive restructuring procedure in the Slovenian legislation, which was adopted in order to enable the debtor, who is likely to become insolvent within one year, to conclude a Mutal Restructuring Agreement (hereinafter: MRA) with holders of financial receivables. The creditors and the debtor agree on reprogramming the debtor's financial obligations with MRA in order to avoid the debtor's threat of insolvency. Additionally, this Master diploma thesis includes a shorter theoretical overview of the procedure, material legal assumptions which must be fulfilled in order to initiate the procedure, the court's role in the procedure, the comparison of the procedure with other insolvency procedures and a comparative regulation.
The purpose of this Master diploma Thesis is a research whether the regulation reaches its legal ratio. In order to acknowledge that, I did an analysis of Slovenian companies which used a preventive restructuring procedure and made several conclusions based on this analysis. Herein I conlude with a statement that the current arrangement of the procedure itself is suitable, however with some room for few improvements that are suggested by the practical cases. I focuse in particular on the proposal to clearly define the term of threatening insolvency of a debtor within a year, and a more precise regulation of negotiations before concluding a MRA, and introduction of a restructuring administrator institute into the Slovenian legislation, based on German and French legal arrangements.
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