Execution and Bankruptcy Offense – Failure to Request Bankruptcy of the Capital Company
Persons authorized to manage and represent the company or liquidators are appointed by the IIK M. According to the regulation contained in Article 179, they are punished for the crime of not requesting the bankruptcy of the capital company by stating why the company’s existence is not enough to cover its debts.
In order for the crime of not requesting the bankruptcy of the capital company to occur, the persons authorized to represent and manage the company or cooperative must have November or fault in not requesting the bankruptcy of the company or cooperative. And, of course, the existence of the company or cooperative should not be enough to cover its debts. In the event that these conditions are not met, it will not be possible for persons authorized to administer and represent to be punished in terms of enforcement offenses.
Since the follow-up of the crime of not requesting the bankruptcy of the capital company also depends on the complaint, creditors are required to file a complaint within three months and probably within a year from the day they learn that the crime has been committed. The complainant should only be one of the creditors of the company, therefore, the issue of whether the complainant is a creditor of the company should be determined by the competent court.
The court charged with looking into the crime is the Executive Criminal Court. The authorized court is the court where the company’s transaction center is located or the court where the enforcement directorate is located where the proceedings are conducted.
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