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Directive (EU) 2019/1023 of the European Parliament and of the CouncilShow full title

Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) (Text with EEA relevance)

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Changes over time for: Article 8

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Article 8U.K.+E.U.Content of restructuring plans

1.Member States shall require that restructuring plans submitted for adoption in accordance with Article 9, or for confirmation by a judicial or administrative authority in accordance with Article 10, contain at least the following information:

(a)

the identity of the debtor;

(b)

the debtor's assets and liabilities at the time of submission of the restructuring plan, including a value for the assets, a description of the economic situation of the debtor and the position of workers, and a description of the causes and the extent of the difficulties of the debtor;

(c)

the affected parties, whether named individually or described by categories of debt in accordance with national law, as well as their claims or interests covered by the restructuring plan;

(d)

where applicable, the classes into which the affected parties have been grouped, for the purpose of adopting the restructuring plan, and the respective values of claims and interests in each class;

(e)

where applicable, the parties, whether named individually or described by categories of debt in accordance with national law, which are not affected by the restructuring plan, together with a description of the reasons why it is proposed not to affect them;

(f)

where applicable, the identity of the practitioner in the field of restructuring;

(g)

the terms of the restructuring plan, including, in particular:

(i)

any proposed restructuring measures as referred to in point (1) of Article 2(1);

(ii)

where applicable, the proposed duration of any proposed restructuring measures;

(iii)

the arrangements with regard to informing and consulting the employees' representatives in accordance with Union and national law;

(iv)

where applicable, overall consequences as regards employment such as dismissals, short-time working arrangements or similar;

(v)

the estimated financial flows of the debtor, if provided for by national law; and

(vi)

any new financing anticipated as part of the restructuring plan, and the reasons why the new financing is necessary to implement that plan;

(h)

a statement of reasons which explains why the restructuring plan has a reasonable prospect of preventing the insolvency of the debtor and ensuring the viability of the business, including the necessary pre-conditions for the success of the plan. Member States may require that that statement of reasons be made or validated either by an external expert or by the practitioner in the field of restructuring if such a practitioner is appointed.

2.Member States shall make available online a comprehensive check-list for restructuring plans, adapted to the needs of SMEs. The check-list shall include practical guidelines on how the restructuring plan has to be drafted under national law.

The check-list shall be made available in the official language or languages of the Member State. Member States shall consider making the check-list available in at least one other language, in particular in a language used in international business.

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