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Part 4 · Management and disposal of insolvency estate  ›  Division 2 · Decision on realisation › Section 162

Sale of enterprise to persons with specific interests

(1) The sale of the enterprise or establishment requires the approval of the creditors’ assembly if the buyer or a person holding at least one fifth of the buyer’s capital

1.  belongs to the persons with a close relationship to the debtor (section 138);

2.  is a creditor with a right to separate satisfaction or an insolvency creditor with non-lower-ranking claims whose rights to separate satisfaction and claims are assessed by the insolvency court to reach a total of one fifth of the sum of the value of all rights to separate satisfaction and of the amounts of the claims of all insolvency creditors with non-lower-ranking claims.

(2) A person is also deemed to hold shares in the buyer for the purpose of subsection (1) if an enterprise controlled by the person or a third party holds shares in the buyer on behalf of the person or of the controlled enterprise.

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