Claim registration – additional instructions
May 22, 2017
DOCUMENT BUSINESS NUMBER AND COURT FEE
As stated in Article 257 of Bankruptcy Law, when registering claims to the Extraordinary Trustee on Form 18 in two copies, the following must be included as well:
• Information for identifying the creditor
• Information for identifying the debtor
• Legal basis for the claim, the amount in HRK
• Indication of proof of existence of the claim
• Indication of proof of enforceable payment document in possession
• Proof of existing procedure in court
The claim registration is accompanied by the documents originating the claim as proof of the claim itself.
Considering that Form 18 is primarily used for claim application under bankruptcy proceedings, it states “Business number of document” where creditors should enter St-1138/2017. This is the case number under which the Extraordinary Administration is led by Zagreb Commercial Court. Entering this number is not mandatory, therefore this information can be left out when registering the claim, so all the claims that have been registered and their documents already sent do not need to be modified.
Regarding the Court Fees that are the revenues of the State Budget, according to Tariff no. 23 of the Law on Court Fees, to register each individual claim the creditor pays a fee in the amount of 2% of the claim, but no more than 500 kn. The amount that is the basis for determining the fee is the amount of claims that the creditor is registering.
Instructions for paying Court Fees:
Court Fee payment from abroad
Account number: (CC) 1001005-1863000160
Reference number: 5045-20735-VAT or 5045-20735-case business number (case number should be entered as a numerical value – in this case 113817)
Beneficiary: Ministarstvo financija, Trgovački sud u Zagrebu (Ministry of Finance, Zagreb Commercial court)
Description of payment: Sudska pristojba (Court Fee)
BILLS OF EXCHANGE
1. Each holder who held a Bill of Exchange on April 9th 2017 (a Holder) should register their claim by June 9th 2017.
2. When filing a claim and/or a request for registration of a contingent claim under a Bill of Exchange the following should be delivered:
- A verified copy of both sides of the Bill of Exchange – the serial number and endorsements on the back of the Bill of Exchange must be visible
- The documentation for the original transaction underlying the Bill of Exchange
- The underlying documentation for the transaction that resulted in the Holder obtaining title to the Bill of Exchange from a previous holder (ie. that resulted in the last endorsement on the back of the Bill of Exchange)
3. A Holder of a Bill of Exchange is not allowed to return must not return the Bill of Exchange to the issuer.
4. Secondary debtors (joint debtors/guarantors of the bankruptcy debtor) – who have not yet made any payments instead of the primary debtor should submit a request for registration of a contingent claim in the amount equal to the amount they would be entitled to as a bankruptcy creditor according to Art. 143, Section 2 of the Bankruptcy Law, and provide all documentation evidencing their obligations as a secondary debtor under the Bill of Exchange
5. Secondary debtors (joint debtors/guarantors of the bankruptcy debtor) – who have already made payments instead of the primary debtor (prior to or following the activation of extraordinary administration) and have obtained the right of recourse can register their claim in the same way as other creditors, by using Form 18 in which they should name the holder of the Bill of Exchange and how it was acquired
6. Where a claim based on Bills of Exchange is in a foreign currency, the applicable exchange rate shall be the bid price of the Croatian National Bank (HNB) on the day when the Extraordinary Administration was activated, April 10th 2017.
Please note that the instructions above are for information only and are not meant as, and should not be relied on as legal advice. We encourage you to consult your legal advisors in order to receive legal advice from a qualified source and to secure your rights in the process of extraordinary administration.
In the event that the creditor assigns its claim before or after the activation of the extraordinary administration procedure, along with the claim registration and the accompanying documentation, it is also necessary to enclose the contract for the transfer of the claim with the signature of the assignor verified by the notary public.