Extrajudicial agreements and conditions
Introduction
One of the best scenarios that could occur in a relationship or society where figures such as the creditor and the debtor declared as insolvent participate, is to exhaust all possible efforts to achieve an extrajudicial payment agreement. In such a way that both participants manage to enjoy (at the wrong time) of the benefits formalized at the beginning of the business and the most important thing to end the commercial relationship having honored all the previous agreements of payment.
Developing
With the extrajudicial payment agreement, it is sought to amend, on the one hand, delinquency and on the other. Let’s understand that every debt has a solution, form or alternative to reverse it until it is fully honored. Therefore, commercial law contemplates the bankruptcy legal framework, where there is a section for the extrajudicial payment agreement and does not use the opening of the creditors contest.
Figure requesting the extrajudicial payment agreement. This conflict solution tool due to delinquency because of the interruption of regular payments, is available not only to companies. Entrepreneurs, natural persons, legal persons, is also practically not exclusive. However, it has its conditions for each of these figures, such as excluding applicants that exceed a liability greater than five million euros (5.000.000 euros).
Seven types of insolvency to go to an extrajudicial payment agreement: because of not having a job, multiple indebtedness, abrupt increase due to economic / financial costs, increased expenses contracted by exploitation, increased the delinquency rate by the portfolioOf customers. Professional or business losses, absence of sales or decreased volume of them. Instrument to be completed for solicitous initiation of the extrajudicial payment agreement.
The law makes a form available to enter the following information and a list of checking conditions in order to manage the scope of the payment agreement without trial. The applicant’s personal data must be entered, as a name (s) and surname (s), and DNI, which is recommended at the time of formulating said procedure. You have the option to carry out the process under the personal figure or on behalf of an entity, to apply the last option, the CIF must be entered and therefore has the supports that prove the representative.
In the natural person section, the following three (3) data groups must be entered. Address of the address, telephone number and email address, place of birth, marital status and the respective matrimonial economic regime. In the same way it should be indicated whether it has changed the place of residence in the last six months and enter the name, surname and NIF, NI or spouse passport number. Data corresponding to family housing must also be entered,
conclusion
In condition of dependence on spouses along with their personal data and description of the degree of consanguineity (son/ mother) among others. In the judicial person section, the following information must be entered, among others. The legal form, corporate name, registration identification data, domicile, telephone, email address. Assert with a virgula that liabilities is not greater than 5.000.000 euros and the asset is less than or equal to 5.000.000 euros. Select the type of insolvency (until this date there are eight options)
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