FIN MoJ Bankrupt Estate Administration


On Mar. 7, FIN MoJ consulted on bankrupt estates administration bill.


  • FIN MoJ opened consultation on the bill amending the law on the supervision of the administration of bankrupt estates, to strengthen investigation and criminal liability.
  • Main Points
  • Strengthening of the investigation of problems in companies' problematic situations and promotion of implementation of criminal liability, damages in bankruptcy cases.
  • Also, update of the law on the supervision of the administration of bankrupt estates.
  • Specification of bankruptcy attorney's and trustee's right of access to information about the debtor's financial status; added rules re debtor's accounting completion.
  • Clarifications regarding the implementation decree of the Act on Banks' Bankruptcy.
  • Upon adoption, the law is intended to enter into force during autumn of 2024.
  • Proposal's website shows progress; bill and motivation available in Finnish, Swedish.
  • Effectiveness
  • Comments can be submitted online until Apr. 18, 2024.
  • Jun. 2024 Law Proposed
  • On May 30, 2024, FIN MoJ issued bill regarding administration of bankrupt estates.
  • Bill aims to improve obtaining information about financial status of bankrupt debtor.
  • The administrator requires accounting material to investigate debtor's activities and financial status before bankruptcy and report any suspected crimes to the police.
  • In practice, however, it has been difficult for trustees to obtain the debtor's accounting material from third parties, especially in under-resourced and low-income estates.
  • By specifying powers of the bankruptcy attorney, it will ensure trustees get possession of the material in all situations at the latest when the bankruptcy attorney intervenes.
  • The amendments are intended to enter into force in the fall of 2024.
  • Oct. 2024 Law Approved
  • On Oct. 17, 2024, FIN GVT approved the Act amending the act on the supervision of administration of bankruptcy estates (EV 70/2024 vp); in force on Nov. 1, 2024.
  • Oct. 23, 2024 Entry Into Force Reminder
  • On Oct. 23, 2024, FIN KAM reminded that the Act amending the act on the supervision of administration of bankruptcy estates will enter into force on Nov. 1, 2024.
  • Changes correspond to the supplemental needs identified in FIN KAM's practical work.
  • On Oct. 24, 2024 FIN GVT issued decree on attorney, board tasks, see #231151.

Regulators FIN GVT; FIN KAM; FIN MoJ
Entity Types Bank; Corp; Fiduciary
Reference PR, 10/23/2024; Act EV 70/2024 vp, 10/17/2024; Bill HE 59/2024 vp 5/30/2024; CP VN/25634/2023, OM111:00/2023, PR, 3/7/2024; Citation: EV 70/2024 vp;
Functions Accounting; Financial; Legal; Resolution; Risk
Countries Finland
Category
State
Products Banking; Commodities; Corporate
Regions EMEA
Rule Type Final
Rule Date 3/7/2024
Effective Date 11/1/2024
Rule Id 203997
Linked to N/A
Reg. Last Update 10/23/2024
Report Section EU

Last substantive update on 10/27/2024