Restructuring and insolvency—Slovenia—Q&A guide

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Restructuring and insolvency—Slovenia—Q&A guide
  • 1. What main legislation is applicable to insolvencies and reorganisations?
  • 2. What entities are excluded from customary insolvency or reorganisation proceedings and what legislation applies to them? What assets are excluded or exempt from claims of creditors?
  • 3. What procedures are followed in the insolvency of a government-owned enterprise? What remedies do creditors of insolvent public enterprises have?
  • 4. Has your country enacted legislation to deal with the financial difficulties of institutions that are considered ‘too big to fail’?
  • 5. What courts are involved? What are the rights of appeal from court orders? Does an appellant have an automatic right of appeal or must it obtain permission? Is there a requirement to post security to proceed with an appeal?
  • 6. What are the requirements for a debtor commencing a voluntary liquidation case and what are the effects?
  • 7. What are the requirements for a debtor commencing a voluntary reorganisation and what are the effects?
  • 8. How are creditors classified for purposes of a reorganisation plan and how is the plan approved? Can a reorganisation plan release non-debtor parties from liability and, if so, in what circumstances?
  • 9. What are the requirements for creditors placing a debtor into involuntary liquidation and what are the effects? Once the proceeding is opened, are there material differences to proceedings opened voluntarily?
  • More...

Restructuring and insolvency—Slovenia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to restructuring and insolvency in Slovenia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Jadek & Pensa—Ožbej Merc; Nastja Merlak; Aljaž Cankar

1. What main legislation is applicable to insolvencies and reorganisations?

Insolvency and restructuring proceedings are governed by the Financial Operations, Insolvency Proceedings and Compulsory Winding-Up Act (Official Gazette of the Republic of Slovenia 126/2007, as amended).

2. What entities are excluded from customary insolvency or reorganisation proceedings and what legislation applies to them? What assets are excluded or exempt from claims of creditors?

The entities that are excluded from customary insolvency and reorganisation proceedings include:

  1. banks – as per the Resolution and Compulsory Winding-Up of Banks Act (Official Gazette of Republic of Slovenia 44/16), as amended;

  2. insurers – as per the Insurance Act (Official Gazette of Republic of Slovenia 93/15), as amended;

  3. investment funds – as per the Investment Funds and Management Companies Act (Official Gazette of Republic of Slovenia 31/15), as amended;

  4. brokerage firms – as per the Market in Financial Instruments Act (Official Gazette of Republic of Slovenia 77/18); and

  5. energy service providers – as per the Energy Act (Official Gazette of Republic of Slovenia 17/14).

Sector-specific insolvency regimes apply to the abovementioned entities; however, certain provisions of the main insolvency legislation still apply,

Popular documents