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38. External manager's report
The external manager is obliged to submit for consideration of the meeting of creditors the report of the external manager:
1) based on the results of external management;
2) if there are grounds for early termination of external administration;
3) at the request of persons entitled to convene a meeting of creditors;
4) in case of accumulation of funds sufficient to satisfy all creditors' claims included in the register of creditors' claims.
The external manager's report must contain:
1) the debtor's balance sheet as of the last reporting date;
2) cash flow statement;
3) profit and loss statement of the debtor;
4) information on the availability of free cash and other funds of the debtor, which can be used to satisfy the claims of creditors for monetary obligations and on the payment of obligatory payments by the debtor;
5) a breakdown of the debtor's remaining receivables and information on the debtor's remaining unrealized rights of claim;
6) information on satisfied creditors' claims included in the register of creditors' claims;
7) other information about the possibility of repayment of the remaining accounts payable of the debtor.
A register of creditors' claims must be attached to the report of the external manager.
The external manager's report must contain one of the following sentences:
1) on the termination of external management in connection with the restoration of the debtor’s solvency and the transition to settlements with creditors;
2) on the extension of the established period of external administration;
3) on termination of proceedings in connection with the satisfaction of all creditors' claims in accordance with the register of creditors' claims;
4) on the termination of external administration and on applying to the arbitration court with a petition to declare the debtor bankrupt and to open bankruptcy proceedings.
The report of the external manager is subject to mandatory consideration by the arbitration court.
If the report of the external receiver is subject to obligatory consideration by the meeting of creditors, the report of the external receiver considered by the meeting of creditors and the minutes of the meeting of creditors shall be sent to the arbitration court no later than 5 days from the date of the meeting of creditors.
The external manager's report must be accompanied by: a register of creditors' claims as of the date of the meeting of creditors and complaints of creditors who voted against the decision taken by the meeting of creditors or did not take part in the voting.
The report of the external receiver and complaints about his actions, if any, are considered by the arbitration court no later than one month from the date of receipt of the report of the external receiver.
Based on the results of consideration of the report of the external manager, a ruling is made.
Author: Sazykin A.V.
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