As from 1 April 2017, the rules for the filing of a statement of a claim in bankruptcy proceedings will change. As a general rule, a statement of claim can only be filed electronically in the Central Solvency Register (“Registre Central de Solvabilité”/Centraal Register Solvabiliteit”) or “RegSol”.
Legal framework for RegSol
- the Law of 1 December 2016, as amended by the law of 25 December 2016 (FR/NL);
- the Royal Decree of 23 March 2017 organizing the functioning of the Central Solvency Register;
- the Royal Decree of 27 March 2017 that determines the amount of the retribution and the payment modalities.
What is RegSol and how does it work
RegSol is an online database in which the bankruptcy file for each bankruptcy procedure will be maintained and through which the bankruptcy court, the supervising judge, the clerks, the bankruptcy trustees and the Public Prosecutor will communicate to each other and upload in RegSol the procedural documents prescribed by the Bankruptcy Act.
RegSol is divided in two sections :
- a private section, which can be accessed by the bankruptcy trustees, the bankruptcy court, the supervising judge, the clerks and the Public Prosecutor; and
- a public section, which can be accessed by the creditors and their legal counsels through the following link: www.regsol.be.
Creditors will be able to consult the bankruptcy file through RegSol and follow up on the bankruptcy proceedings. Certain information can only be accessed by specific persons as determined by the Royal Decree of 23 March 2017. For example, creditors do not have access to the statement of claims filed by other creditors (“déclaration de créance”/”aangifte van schuldvordering”) though they may consult the report of verification of claims filed by the bankruptcy trustee (“procès-verbal de vérification de créances”/“proces-verbaal van verificatie”).
RegSol will be launched on 1 April 2017 and should be operational as of that date.
Practical implications for creditors
Electronic Filing of a Claim in RegSol – As of 1 April 2017, claims can only be filed electronically through RegSol.
Creditors who wish to file a claim should :
- Go to www.regsol.be;
- Search for the bankruptcy proceedings in which they wish to file a claim;
- File their claim and upload the exhibits.
Video tutorials will be made available on www.regsol.be.
Exemption from Electronic Filing – The obligation to file the statement of claim electronically through RegSol does not apply to the following categories of creditors, provided that they are not assisted by legal counsel:
- physical persons;
- companies with registered seat abroad.
These creditors are permitted to file their claims by sending a letter by registered mail to the bankruptcy trustee who will ensure that the statement will be uploaded in RegSol.
Retribution – A retribution of six euros is due by creditors for the filing of a statement of claim, and for consulting the bankruptcy file.
Documents filed before 1 April 2017 – Documents filed with the clerk’s office before 1 April 2017 remain effective and must not be filed again through RegSol.
“Frequent users” – Creditors who regularly file statement of claims (banks, insurance companies, financial institutions, public authorities, ...):
- may opt for a monthly payment of the retribution;
- may designate registered users who may access RegSol on behalf of the creditor.
Creditors who wish to make use of those modalities should contact RegSol via the following email address: email@example.com.