Article |
15
(1) If no liquidation is required pursuant to §13, section 3, the party shall be wound up without liquidation. (2) An application for the deletion of a party from the Registry of Parties shall be submitted within 5 days from the wind up of the party. (3) If the party is voluntarily wound up, an application for the deletion of the party from the Register of Parties shall be submitted by its statutory body. The application shall be accompanied by: a) a resolution of the competent party body according to the registered articles, which decided on the voluntary winding up of the party, signed by the statutory body or the required number of statutory body members for taking this decision according to the articles; the signatures shall be certified; and b) a declaration stating that liquidation is not required pursuant to §13, section 3, letter b) or letter c), signed by the statutory body or the required number of statutory body members for taking this decision according to the articles; the signatures shall be certified. (4) If the party is wound up by merging with another party, the application for the deletion of the party from the Register of Parties shall be submitted by the statutory body of the party being wound up by merger. The application shall be accompanied by: a) a resolution of the competent party body according to the registered articles, which decided on the winding up of the party by merging with another party, signed by the statutory body or the required number of statutory body members for taking this decision according to the articles; the signatures shall be certified; and b) a written agreement on the merger of the parties. (5) The agreement pursuant to section 4, letter b) shall be signed by the statutory bodies or the required number of statutory bodies members for taking such decision according to the articles of the merging parties; the signatures shall be certified. The agreement shall include: a) the designation of the merging parties indicating their registration date and number; b) information on the assets and liabilities of the party being wound up by merger; and c) the designation of the legal successor of the party being wound up by merger. (6) If the party is being wound up because the bankruptcy motion towards the party's assets was dismissed due to a lack of assets or the bankruptcy declared on the party's assets was cancelled as the assets do not even cover the expenses and fees of the trustee or due to the fact that there would be no assets left to the party after the conclusion of the bankruptcy proceedings, the Ministry shall delete the party from the Register of Parties even without an application. (7) If the application for the deletion of a party from the Register of Parties and the enclosed documents are not in compliance with this Act or the data therein are incomplete or inaccurate, the Ministry shall send a written notification to the statutory body within 15 days from the commencement of proceedings to remedy the deficiencies. Until the remedy of deficiencies, the proceedings shall be suspended. No decision on the suspension of proceedings shall be issued; it will only be marked in the file. (8) The Ministry shall delete the party from the Register of Parties within five days from the commencement of proceedings or within five days from the day on which the deficiencies causing the proceedings suspension were remedied.
|