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37. External management plan
One of the principles of external management is its planning. In accordance with it, an external management plan is being developed. The external manager is obliged to develop an external management plan and submit it to the meeting of creditors for approval.
The external administration plan must provide for measures to restore the debtor's solvency, the conditions and procedure for the implementation of these measures, the costs of their implementation and other expenses of the debtor. The solvency of the debtor is recognized as restored in the absence of signs of bankruptcy.
The external management plan, in addition, must comply with the requirements established by federal laws, provide for a period for restoring the debtor's solvency, and contain justification for the possibility of restoring the debtor's solvency within the prescribed period.
The plan may provide for the following measures to restore the debtor's solvency:
1) re-profiling of production;
2) closure of unprofitable industries;
3) collection of receivables;
4) sale of a part of the debtor's property;
5) assignment of the debtor's rights of claim;
6) performance of the debtor's obligations by the founders (participants) of the debtor or by a third party or third parties;
7) an increase in the authorized capital of the debtor at the expense of contributions from participants and third parties;
8) placement of additional ordinary shares of the debtor;
9) sale of the debtor's enterprise;
10) replacement of the debtor’s assets;
11) other measures to restore the debtor’s solvency.
The external administration plan approved by the meeting of creditors shall be submitted to the arbitration court by the external manager no later than 5 days from the date of the meeting of creditors.
If, within 4 months from the date of the introduction of external administration, an external administration plan is not submitted to the arbitration court, the arbitration court may decide to declare the debtor bankrupt and to open bankruptcy proceedings.
The external administration plan may be declared invalid in whole or in part by the arbitration court considering the bankruptcy case, at the request of the person or persons whose rights and legitimate interests have been violated. The decision to invalidate the external administration plan in whole or in part may be appealed. The external management plan may be amended in the manner prescribed for its consideration. In the cases provided for by the external administration plan, after the inventory and evaluation of the debtor's property, the external administrator shall have the right to proceed with the sale of the debtor's property at an open auction. In order to restore the debtor's solvency, the external management plan may provide for an increase in the charter capital of the debtor - a joint-stock company by placing additional ordinary shares.
An increase in the authorized capital by placing additional ordinary shares may be included in the external management plan only at the request of the debtor's management body.
Author: Sazykin A.V.
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