Execution and Bankruptcy Offense – Failure of a Capital Company to Request Bankruptcy
Persons authorized to manage and represent the company or liquidators shall be punished for failing to request the bankruptcy of the capital company on the grounds that the company’s assets are insufficient to cover its debts, according to Art. 179 IIK.
In order for a capital company not to file for bankruptcy, the persons authorized to represent and manage the company or cooperative must have the intention or fault not to request the bankruptcy of the company or cooperative. And, of course, the assets of the company or cooperative must not be sufficient to cover its debts. If these conditions are not met, it will not be possible to punish the persons authorized to manage and represent the company or cooperative for enforcement offenses.
Since the prosecution of the offense of not requesting the bankruptcy of a capital company is also subject to a complaint, creditors must file a complaint within three months and possibly within one year from the day they learn of the commission of the offense. complainant need only be one of the company’s creditors, so the court in charge must determine whether the complainant is a creditor of the company.
The court in charge of investigating the offense is the Enforcement Criminal Court. The competent court is the court where the company’s headquarters is located or the court where the enforcement office where the proceedings are filed is located.