(1) A form must be sent to the creditors together with the opening order, headed with the words "Invitation to lodge and explain a claim. Observe the time limits!" and the corresponding translations in all the official languages of the member or contracting states. The form is published in the Federal Gazette by the Federal Ministry of Justice and Consumer Protection, and contains in particular the following particulars:
1. which time limits must be observed and the consequences of failing to observe them;
2. who is responsible for receiving the lodging and explanation of a claim;
3. which further measures are prescribed;
4. what significance the lodging of the claim has for preferential or secured creditors, and to what extent these must lodge their claims;
5. the general effects of the insolvency proceedings on the insurance contracts;
6. the point in time from which insurance contracts or transactions no longer produce legal effect; and
7. the rights and obligations of the insured in respect of the contract or transaction concerned.
(2) Where a known creditor who has his or her habitual residence, domicile, or registered office in another member or contracting state is the holder of a claim as a policyholder, insured person, beneficiary, or injured third party with a direct claim against the insurance undertaking, that person must be informed in an official language of the member or contracting state in which he or she has his or her habitual residence, domicile, or registered office.
(3) Creditors who have their habitual residence, domicile, or registered office in another member or contracting state may lodge their claim in an official language of that other state. In this case, the lodgement must be headed, in German, with the words "Lodgement and explanation of a claim".
(4) The insolvency administrator must regularly inform the creditors, in a suitable form, of the progress of the insolvency proceedings.
Part 6 · Supervision: tasks and general powers, organisation › Chapter 2 · Protective measures › Section 313
Informing creditors
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