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Article 26 - Practitioners in procedures concerning restructuring, insolvency and discharge of debt

Article 26
Practitioners in procedures concerning restructuring, insolvency and discharge of debt

1. Member States shall ensure that:

((a))

practitioners appointed by a judicial or administrative authority in procedures concerning restructuring, insolvency and discharge of debt (‘practitioners’) receive suitable training and have the necessary expertise for their responsibilities;

((b))

the conditions for eligibility, as well as the process for the appointment, removal and resignation of practitioners are clear, transparent and fair;

((c))

in appointing a practitioner for a particular case, including cases with cross-border elements, due consideration is given to the practitioner's experience and expertise, and to the specific features of the case; and

((d))

in order to avoid any conflict of interest, debtors and creditors have the opportunity to either object to the selection or appointment of a practitioner or request the replacement of the practitioner.

2. The Commission shall facilitate the sharing of best practices between Member States with a view to improving the quality of training across the Union, including by means of the exchange of experiences and capacity building tools.

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