Konkurzy a reštrukturalizácie z Obchodného vestníka - Oznámenie č. 31R/1/2022

Dear Sirs,

Let us inform you that by the Resolution of the District Court Bratislava I of 18 July 2022, file No. 31R/1/2022, which became effective on 26 July 2022, the District Court Bratislava I approved the restructuring of Dedoles, s.r.o., with its registered seat at Za Koníčkom 14, 902 01 Pezinok, Slovak Republic (the “Debtor”), and at the same time appointed JUDr. Tomáš Kozovský, Björnsonova 8, 811 05 Bratislava, Slovak Republic as the restructuring trustee.

All foreign creditors of the Debtor are hereby called upon to file their receivables within 30 days from delivery of this notification of the trustee on approval of the restructuring over the Debtor.

The restructuring proceeding against the Debtor was commenced by Court Resolution No. 31R/1/2022 – 698 issued on 16 June 2022, which became effective on 24 of June 2022.

All receivables of creditors that do not fall into the category of priority receivables (the priority receivables are those that have arisen to the creditor after the effective commencement of the restructuring proceeding (i.e. exclusively those which have arisen as of 24 June 2022 and later), employment claims that have arisen during the calendar month in which the restructuring proceeding was initiated, trustee’s remuneration and non-monetary claims) have to be duly filed to the restructuring of the Debtor, otherwise such receivables in case of court confirmation of restructuring plan of the Debtor shall become unenforceable. Filing of claims of foreign creditors have to be addressed and delivered to the restructuring trustee: JUDr. Tomáš Kozovský, Björnsonova 8, 811 05 Bratislava, Slovak Republic, within the filing period of 30 days from your notification by the trustee of declaration of the restructuring. If a creditor delivers the filing of claims to the trustee later, the filing shall be disregarded.

The receivables of foreign creditors need to be filed in line with EC Regulation No. 2015/848 on insolvency proceedings (the “EC Regulation”). Full wording of the EC Regulation you can find on:

https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=CELEX:32015R0848

Your filing must comply with Article 55 of the EC Regulation: “Any foreign creditor may lodge its claim using the standard claims form to be established in accordance with Article 88 of the EC Regulation.” The form shall bear the heading ‘Lodgement of claims’ and you can find the respective from on:

https://e-justice.europa.eu/resultManagement.do?stext=Lodgement+of+claims&itext=Lodgement+of+claims&sco=any&slang=any&sctype=contentTypeAny&spage=25&soption=c,n,a,&slmo=anytime&showPage=3&hval=2c4cac03b77237a3369fbc4c776be961

The filing can be completed in Slovak or other official language of the European Union Member State. Please note that you may be required by the trustee to provide a translation into Slovak at your own costs if the filing was delivered in another than Slovak language. The trustee will advise you if this is required.

If you are not located in the Slovak Republic, you may also wish to appoint a Slovak representative/attorney. If you decide to appoint a Slovak representative (natural or legal entity), also enclose its details and a letter proving that a Slovak representative accepts your authorisation to receive documents on your behalf. Please note that the authorisation and acceptance should be signed by you as well as by your Slovak representative.

For your further information the standard filing of receivables form contains the following information:

a) name, postal address, possible e-mail address, possible personal identification number, the number of bank account and bank details of the foreign creditor;

b) the amount of the receivable, indicating the principal and potential interest, as well as the date to which the receivable arose, and its maturity date, if different;

c) if the receivable also includes interest, the interest rate, whether it is legal or contractual the interest, the period for which the interest is requested and the total amount of the accrued interest;

d) if reimbursement of costs incurred in the application of the receivable is requested before the start of the restructuring proceeding, the amount of these costs and related data;

e) the nature of the receivable;

f) the fact whether priority creditor status is claimed and on what basis;

g) the fact whether, in connection with the receivable, it is claimed that it is secured by a real right reservation of title, and if so, to which property it applies, the security right invoked, the date on which the receivable was made secured, and if the security right is registered, its registration number.

As regards essential requirements of the filing, they are the following:

a) name, surname and residence of the creditor, if it is a natural person, or business name, first name and last name, if it differs from the business name, identification number or other identification data and place of business of the creditor, if it is a natural person - entrepreneur, or the name, identification number or other identification data and registered office of the creditor, if it is a legal entity,

b) name, surname and residence of the debtor, if it is a natural person, or trade name, name and surname, if it differs from the business name, identification number or other identification data and place of business of the debtor, if it is a natural person of the entrepreneur, or the name, identification number or other identification data and registered office of the bankrupt, if it is a legal entity,

c) legal reason for the origination of the receivable,

d) the order of satisfaction of the receivable from a general point of view,

e) the total amount of the receivable,

f) signature.

The filing of receivables has to be accompanied by all the documents proving the facts stated therein.

A creditor that maintains book-keeping has to state whether the receivable is registered in the book-keeping and in what extent, or the reasons why the receivable is not registered in the book-keeping.

JUDr. Tomáš Kozovský, Restructuring Trustee