Son günlerin konusu konkordato

Nedir Bu Konkordato ?

 

İflas erteleme kaldırılmış yerine konkordato müessesi yeniden düzenlenmiştir.

Şu zamanlarda ekonomik olarak zora düşen firmalar konkordato yöntemiyle mahkemece alınacak karar neticesiyle geçici veya kesin mühlet alabilmektedirler.

İflas ertelemeden farklı olarak konkordato da daha kısa yasal süreler belirlenmiş durumdadır, aşağıda süreler detaylı olarak açıklanacaktır, dikkat edilmesi gereken husus alacaklılar için de kısa yasal süreler belirlenmiş olduğu ve sürecin çok dikkatli takip edilmesi gerektiği, ilanların düzenli olarak takip edilmesi gerektiğidir.

Ancak bu süreç için raporlar hazırlanmalı ve mahkemeye başvuru yapılarak dava süreci başlatılmalıdır.

Bu konu ile ilgili mahkeme sürecinden önce ve sonra diye iki bölüm bulunmaktadır.

Mahkeme öncesi borçlar ve alacaklar tespit edilmelidir. Ayrıca mal varlığı da somut bir şekilde beyan edilmelidir. Bunun için ayrıntılı çalışmalar yapılarak raporlar hazırlanmalıdır. Konkordato ilan edecek firma konkordato projesi hazırlamalıdır. Bu rapor uygulanabilir ve mahkemece kabul edilebilir düzeyde olmalıdır.

Ön proje de olması gerekenler,

  1. a) Mali raporlar
  2. b) Borçlu ve alacaklıların tespiti ve ödeme tahsilat yöntemleri, süreleri
  3. c) Alacakların tahsil sürelerindeki değişiklik ve ödeme kesintilerinin oranları
  4. d) Borca batıklık durumunun tespiti
  5. e) Finansal analiz değerlendirmeleri ve raporu
  6. f) Bağımsız Denetim raporu

 

Vb. açıklayıcı raporlar ve ekleri

Mahkeme sürecinde yaşanabilecek olaylar ise şöyledir.

Konkordato talep edenin, “vadesi geldiği halde borçlarını ödeyememesi” veya “vadesinde ödeyememe tehlikesi altında olması” gerekmektedir.

İflas ertelemeden farklı olarak konkordato da daha kısa yasal süreler belirlenmiş durumdadır; geçici mühlet en fazla beş ay iken, kesin mühlet bir yıldır, güçlük arz eden özel durumlarda kesin mühlet “komiserin talebi ile” altı aya kadar uzatılabilir.

İflas sebeplerinden birinin gerçekleşmesi durumunda İflasa tabi olmayan borçlu bakımından ise mahkeme, mahkeme kesin mühleti kaldırarak konkordato talebinin reddine ve borçlunun iflasına resen karar verir.

Şu hallerde, konkordato sürecinde iflas kararı verilecektir;

  1. a) Borçlunun malvarlığının korunması için iflasın açılması gerekiyorsa.
  2. b) Konkordatonun başarıya ulaşamayacağı anlaşılıyorsa.
  3. c) Borçlu, kanuna aykırı davranır veya komiserin talimatlarına uymazsa.
  4. d) Borca batık olduğu anlaşılan bir sermaye şirketi veya kooperatif, konkordato talebinden feragat ederse.

Diğer Kanuni Açıklamalar,

–  Geçici mühlet aşamasında genel olarak kanun yoluna başvurulamamaktadır.

–  Kesin mühlet talebinin kabulü ile mühletin kaldırılması talebinin reddine ilişkin kararlara karşı kanun yoluna başvurulamaz.

– Kesin mühlet talebinin değerlendirilmesi sonucunda, hakkında iflas kararı verilmeyen borçlunun konkordato talebinin reddine karar verilirse, borçlu veya varsa konkordato talep eden alacaklı bu kararın tebliğinden itibaren on gün içinde istinaf yoluna başvurabilir. İstinaf Mahkemesi yani Bölge Adliye Mahkemesinin kararı kesindir.

Daha Fazla Göster

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