The compensation of the trustee, in his capacity as controller of the arrangement, either as a trustee of the judicial reorganization, or as a trustee in assets liquidation, shall be fixed by the competent court in its decision to close the bankruptcy proceedings, or confirming the composition pursuant to the scale fixed by the regulations of each State Party.
P. 16 of 139 Such scale shall take into account namely:
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the turnover of the debtor during the fiscal year prior to the opening of bankruptcy proceedings;
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the number of workers employed by the debtor during this same period;
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recovery of claims ratio;
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time spent and possible difficulties;
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Speed of services provided.
Each State Party may add additional criteria to this list.
In case of liquidation of assets, except when the compensation was fixed at a standard rate in accordance with the last paragraph of this Article, the total amount of the compensation of the trustee cannot exceed twenty percent (20%) of the total amount generated by the realization of
the assets of the debtor. Wages paid by the trustee to chartered accountants, financial or any
other experts involved who were commissioned by the trustee shall be included in the calculation of this ceiling of twenty percent (20%) unless the competent court provides otherwise when one of these parties is appointed.
For simplified reorganization and simplified assets liquidation, the State party may fix a lump sum to remunerate the trustee.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 15
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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