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Re: nuceny spravce

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  • Sabina Králová
    Message 1 of 5 , Jul 2, 2001
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      > Hi everybody,
      >
      > Would you know, please, what to use for "nuceny spravce"? (receiver -
      > according to the dictionary??) Thanks Sabina
      >
      >
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      > Post message: Czechlist@yahoogroups.com
      >
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      >
      >
    • zehrovak@dr.com
      ... - ... Hullo Sabina, Hope the computer is not too noisy today. I quote from the Trade Links translation of the old Bankruptcy and Composition Act (1991),
      Message 2 of 5 , Jul 2, 2001
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        --- In Czechlist@y..., Sabina Králová <Sabina.Kralova@c...> wrote:
        > Hi everybody,
        >
        > Would you know, please, what to use for "nuceny spravce"? (receiver
        -
        > according to the dictionary??) Thanks Sabina

        Hullo Sabina,

        Hope the computer is not too noisy today.

        I quote from the Trade Links translation of the old Bankruptcy and
        Composition Act (1991), Section 12a:

        Konkurs nelze prohlasit

        b) po dobu nucene spravy podle zvlastnich predpisu, ledaze prohlaseni
        konkursu navrhl nuceny spravce.

        A bankruptcy order cannot be adjudicated

        (b) During a period of enforced administration under special
        legislative provisions, unless the bankruptcy order was sought by the
        administrator in charge of such enforced administration.

        In the Trade Links Dictionary of Czech Business Law we also read:

        Majetek podlehajici konkurzu tvori tzv. konkurzni podstatu, kterou
        spravuje spravce podstaty

        The property subject to bankruptcy proceedings constitutes the
        bankrupt estate which is administered by the bankruptcy trustee (also
        referred to as the 'trustee in bankruptcy' or the 'administrator of
        the bankruptcy estate').

        Elsewhere I have seen 'liquidator', 'receiver', and 'referee in
        bankruptcy' for 'spravce konkurzni podstaty'.

        Hope this helps.

        M.
      • Simon Vollam
        ... (receiver - ... Hi Sabina, In the banking sector at least, the term used by the Bank for International Settlements (the central banker s central bank) is
        Message 3 of 5 , Jul 2, 2001
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          --- In Czechlist@y..., Sabina Králová <Sabina.Kralova@c...>
          wrote:
          >
          >
          > > Hi everybody,
          > >
          > > Would you know, please, what to use for "nuceny spravce"?
          (receiver -
          > > according to the dictionary??) Thanks Sabina
          > >

          Hi Sabina,

          In the banking sector at least, the term used by the Bank for
          International Settlements (the central banker's central bank) is
          "conservator" (and "conservatorship" for nucena sprava).

          I often see the term translated as "forced administrator", which
          sounds a bit Czenglish to me.

          A receiver is rather different to a conservator.

          According to my banking dictionary:
          A conservator is appointed by the supervisory authority to oversee
          the assets of a troubled bank (e.g. IPB) while a permanent solution
          to its financial problems is worked out (e.g. IPB's sale to CSOB).

          A bank (or any business) declared to be insolvent is placed under the
          control of a receiver and its assets sold to pay its creditors. So, a
          receiver acts as agent for a debtor in bankruptcy.

          What's your context?

          Regards,
          Simon
        • Simon Vollam
          ... (also ... To my knowledge, receiver , liquidator and trustee in bankruptcy are broadly synonymous to the layman. However, they each have different
          Message 4 of 5 , Jul 2, 2001
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            --- In Czechlist@y..., zehrovak@d... wrote:

            > The property subject to bankruptcy proceedings constitutes the
            > bankrupt estate which is administered by the bankruptcy trustee
            (also
            > referred to as the 'trustee in bankruptcy' or the 'administrator of
            > the bankruptcy estate').
            >
            > Elsewhere I have seen 'liquidator', 'receiver', and 'referee in
            > bankruptcy' for 'spravce konkurzni podstaty'.
            >
            > Hope this helps.
            >
            > M.


            To my knowledge, "receiver", "liquidator" and "trustee in bankruptcy"
            are broadly synonymous to the layman. However, they each have
            different legalistic definitions, and those definitions vary from
            nation to nation. So it is very difficult to find exact equivalents
            for the Czech term, especially as the Czech bankruptcy law and
            process is very different to that in the UK or USA, for example.

            "Receiver" sounds like a safe one-size-fits-all term to me (for
            bankruptcy proceedings, not for bank conservatorship).

            Simon
          • Michael Grant
            ... I agree (and also generally use conservatorship/conservator ), although Business Central Europe , a publication I respect, regularly uses forced
            Message 5 of 5 , Jul 2, 2001
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              >I often see the term translated as "forced administrator", which
              >sounds a bit Czenglish to me.

              I agree (and also generally use "conservatorship/conservator"),
              although "Business Central Europe", a publication I respect,
              regularly uses "forced administration" for "nucená správa".

              Michael

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